Comm 21.03 (1) (e) - Adds requirements for exit separation on the first floor;
Comm 21.04 (3) (a) and (c) - Decreases the allowed openings in stairway handrails or guardrail from 6 to 4 inches;
Comm 21.04 (3) (b) 3. - Allows handrails to be placed on either side of a winding stairway if certain conditions are met;
Comm 21.05 (5) (b) - Clarifies a condition where safety glazing is required;
Comm 21.12 - Clarifies grading requirements;
Comm 21.125 (4) - Clarifies that the owner is responsible for removing erosion control measures once the site is stabilized;
Comm 21.18 (1) (d) - Adds requirements for fastening floor framing to the sill plate;
Comm 21.22 (6) - Adds requirements for cantilevered floors;
Comm 21.24 (3) - Adds and clarifies locations that require flashing;
Comm 22.03 - Clarifies requirements for determining R-values for materials;
Comm 22.195 - Adds requirements for heat traps on water heaters;
Comm 22.24 - Adds and clarifies requirements for skylight shaft walls;
Comm 22.35 (4) (b) - Simplifies the input values for HVAC controls;
Comm 22.35 (7) - Clarifies air infiltration allowances; and
Comm 22.35 (8) - Allows for the consideration of the R-value of adjacent soil in basement wall thermal performance under certain conditions.
Initial Regulatory Flexibility Analysis
1. Types of small businesses that will be affected by the rules.
All one- and two-family dwellings constructed in the state are required to comply with these rules. Contractors, tradespeople, material suppliers, and other small businesses have been affected by these rules since their inception. The current package of changes should have very little additional impact.
2. Reporting, bookkeeping and other procedures required for compliance with the rules.
There are no additional reporting or bookkeeping procedures required as a result of these rules.
3. Types of professional skills necessary for compliance with the rules.
There are no additional skills necessary to comply with these rules.
Environmental analysis
Notice is hereby given that the Department has considered the environmental impact of the proposed rules. In accordance with ch.
Comm 1, the proposed rules are a Type III action. A Type III action normally does not have the potential to cause significant environmental effects and normally does not involve unresolved conflicts in the use of available resources. The Department has reviewed these rules and finds no reason to believe that any unusual conditions exist. At this time, the Department has issued this notice to serve as a finding of no significant impact.
Fiscal Estimate
There are no requirements in this proposal that should effect staffing levels.
Copies of Rule and Contact Person
The proposed rules and an analysis of the proposed rules are available on the Internet at the Safety and Buildings Division web site at:
www.commerce.state.wi.us/SB/SB-HomePage.html. Paper copies may be obtained without cost from Roberta Ward, Department of Commerce, Program Development Bureau, P.O. Box 2689, Madison, WI 53701-2689, Email
rward@commerce.state.wi.us, telephone (608) 266-8741 or (608) 264-8777 (TTY). Copies will also be available at the public hearings.
Notice of Proposed Rule
NOTICE IS HEREBY GIVEN that pursuant to ss.
5.05 (1) (f),
5.93, and
227.11 (2) (a), Stats., and interpreting ss.
6.02, 6,03,
6.92,
6.93,
6.935,
6.94, and
6.95, Stats., and according to the procedure set forth in s.227.16 (2) (e), Stats., the State of Wisconsin Elections Board will adopt the following rule as proposed in this notice without public hearing unless within 30 days after publication of this notice, on
June 15, 2002, the Elections Board is petitioned for a public hearing by 25 persons who will be affected by the rule; by a municipality which will be affected by the rule; or by an association which is representative of a farm, labor, business, or professional group which will be affected by the rule.
Analysis Prepared by the State Elections Board
The rule interprets ss.
6.02,
6.03,
6.92,
6.93,
6.935,
6.94, and
6.95, Stats. The rule establishes the procedure for and the method by which an elector's ballot is challenged at a polling place and the method by which the elector's eligibility to vote is tested. The rule also codifies the method used to process the ballot of a challenged elector, including the creation of a written record for each challenge.
Section
6.92 of the Wisconsin Statutes provides that the Elections Board shall determine, by rule, the questions which are appropriate to test a person's qualifications to vote if that person is challenged as unqualified at a polling place. Chapter ElBd 9 establishes those questions based on the voting qualification provisions of ss.
6.02 and
6.03, Stats. The rule establishes the specific procedure whereby an inspector or an elector may challenge a voter's qualifications at a polling place; the procedure for determining the voter's eligibility to vote; and the procedure for identifying, by mark, and voting the challenged voter's ballot. The rule also establishes what shall be included in the written record that must be made by the polling place inspectors for each challenge.
Pursuant to the authority vested in the State of Wisconsin Elections Board by ss.
5.05 (1) (f),
5.93, and 227.(11) (2) (a), Stats., the Elections Board hereby creates Rule ElBd 9.01, 9.02, 9.03, 9.04, 9.05, and 9.06 interpreting ss.
6.02, 6,03,
6.92,
6.93,
6.935,
6.94, and
6.95, Stats., as follows:
SECTION 1. ElBd 9.01, 9.02, 9.03, 9.04, 9.05, and 9.06 are created to read:
ELBD 9.01 INSPECTOR MAKING CHALLENGE
Any inspector may challenge for cause any person offering to vote whom the inspector knows or suspects is not a qualified elector. For purposes of challenge, cause is defined as one of the following: non-citizenship; age (the challenged elector is not at least 18 years of age); non-residency; felony conviction; adjudication of incompetence; a bet or wager on the election; or a previous vote in the same election. If a person is challenged as unqualified by an inspector:
(1) One of the inspectors shall administer the following oath or affirmation of veracity to the person: “You do solemnly swear (or affirm) that you will fully and truthfully answer all questions put to you regarding your place of residence and qualifications as an elector of this election."
(2) The inspector shall then ask only those of the following questions which are appropriate to test the person's qualifications based on the cause for the challenge:
a. Are you a United States Citizen?
b. Are you at least 18 years of age?
c. For at least the 10 days before this election, have you resided in, or been a resident of, the ward or election district from which you seek to vote?
d. Are you currently disqualified from voting for any of the following reasons:
1. A felony conviction for which you are still serving probation or are on parole.
2. A judge's ruling that you are incapable of voting.
3. Having made a bet or wager on this election.
4. Having voted previously in this election.
(3) If the challenge is withdrawn, the challenge procedure is halted, but a written record of the procedural steps taken, up to the withdrawal, is preserved. (See s.
9.05 of this chapter)
(4) If the challenge is not withdrawn after the person offering to vote has answered the questions, one of the inspectors, before issuing the ballot, shall administer to the challenged elector the following oath or affirmation of eligibility: “You do solemnly swear (or affirm) that: you are 18 years of age; you are a citizen of the United States; you are now and for 10 days have been a resident of this ward except under s.
6.02 (2); you have not voted at this election; you have not made any bet or wager or become directly or indirectly interested in any bet or wager depending upon the result of this election; you are not on any other ground disqualified to vote at this election."
(5) If the person challenged refuses to take the oath or affirmation of eligibility, the inspectors shall not issue a ballot to the person challenged.
(6) If the person challenged refuses to answer fully any relevant questions put to him or her by the inspector under this chapter, or the answers to the questions given by the person indicate that the person does not meet the voting qualification requirements, the inspectors shall not issue a ballot to the person challenged.
(7) If the person challenged answers fully all relevant questions put to the elector by the inspector under this chapter, takes the oath or affirmation of eligibility, fulfills the registration requirements, where applicable, and the answers to the questions given by the person indicate that the person meets the voting qualification requirements, the challenged elector shall be issued a ballot and the voting procedure under s.
9.03 of this chapter shall be followed.
ELBD 9.02 ELECTOR MAKING CHALLENGE IN PERSON
Any elector may challenge for cause any person offering to vote whom the elector knows or suspects is not a qualified elector. Any elector who abuses the right to challenge under s.
6.925, Stats., may be subject to sanctions available to inspectors under s.
7.41 (3), Stats. For purposes of challenge, cause is defined as one of the following: non-citizenship; age (the challenged elector is not at least 18 years of age); non-residency; felony conviction; adjudication of incompetence; a bet or wager on the election; or a previous vote in the same election. If a person is challenged as unqualified by an elector:
(1) One of the inspectors shall administer the following oath or affirmation of veracity to the challenging elector: “You do solemnly swear (or affirm) that you will fully and truthfully answer all questions put to you regarding the challenged person's place of residence and qualifications as an elector of this election."
(2) The inspector shall ask the challenger if he or she is an elector and then ask only those of the following questions which are appropriate to determine the qualifications of the challenged elector:
a. Why do you believe that the challenged elector is not a United States Citizen?
b. Why do you believe that the challenged elector is not at least 18 years of age?
c. Why do you believe that the challenged elector has not, for at least the 10 days before this election, resided in, or been a resident of, the ward or election district from which he or she seeks to vote?
d. For which of the following reasons, and why, do you believe the challenged elector is currently disqualified from voting:
1. A felony conviction for which the challenged elector is still serving probation or is on parole.
2. A judge's ruling that he or she is incapable of voting.
3. Having made a bet or wager on this election.
4. Having voted previously in this election.
(3) One of the inspectors shall then administer the oath or affirmation of veracity to the challenged elector under this chapter and ask the challenged elector only the questions under s.
9.01 (2) of this chapter which are appropriate to test the elector's qualifications based on the cause for the challenge.
(4) One of the inspectors shall then ask the challenging elector if he or she withdraws the challenge. If the challenge is withdrawn, the challenge procedure is halted, but a written record of the procedure up to the withdrawal is preserved. (See s.
9.05 of this chapter)
(5) If the challenge is not withdrawn after the person offering to vote has answered the questions, one of the inspectors, before issuing the ballot, shall administer to the challenged elector the following oath or affirmation of eligibility: “You do solemnly swear (or affirm) that: you are 18 years of age; you are a citizen of the United States; you are now and for 10 days have been a resident of this ward except under s.
6.02 (2); you have not voted at this election; you have not made any bet or wager or become directly or indirectly interested in any bet or wager depending upon the result of this election; you are not on any other ground disqualified to vote at this election."
(6) If the person challenged refuses to take the oath or affirmation of eligibility, the inspectors shall not issue a ballot to the person challenged.
(7) If the person challenged refuses to answer fully any relevant questions put to him or her by the inspector under this chapter, or the answers to the questions given by the person indicate that the person does not meet the voting qualification requirements, the inspectors shall not issue a ballot to the person challenged.
(8) If the person challenged answers fully all relevant questions put to the elector by the inspector under this chapter, takes the oath or affirmation of eligibility, fulfills the registration requirements, where applicable, and the answers to the questions given by the person indicate that the person meets the voting qualification requirements, the challenged elector shall be issued a ballot and the voting procedure under s.
9.03 of this chapter shall be followed.
ELBD 9.03 VOTING PROCEDURE FOR CHALLENGED ELECTORS
Whenever the inspectors under ss.
6.92 to
6.94, Stats., determine to receive the vote of a person who has been challenged under this chapter, they shall give the elector a ballot. Before giving the elector the ballot, the inspectors shall write on the back of the ballot the serial number of the challenged person corresponding to the number kept at the election on the registration or poll list, or other list maintained under s.
6.79, Stats. If lever or direct record voting machines are used in the municipality where the person is voting, the person's vote may be received only upon an absentee ballot furnished by the municipal clerk which shall have the corresponding serial number from the registration or poll list or other list maintained under s.
6.79, Stats., written on the back of the ballot before the ballot is deposited. The inspectors shall indicate on the voter list the reason for the challenge. The challenged ballots shall be counted under ss.
5.85 or
7.51 (2) (c), Stats.
ELBD 9.04 CHALLENGING THE ABSENT ELECTOR
The vote of any absent elector may be challenged for cause and the inspectors shall have all the power and authority given them to hear and determine the legality of the ballot the same as if the ballot had been voted in person. One of the inspectors shall administer the following oath or affirmation of veracity to the elector challenging the absentee elector's ballot: “You do solemnly swear (or affirm) that you will fully and truthfully answer all questions put to you regarding the challenged person's place of residence and qualifications as an elector of this election"; and shall ask the challenger if he or she is an elector and then shall ask only those questions provided in s.
9.01 (2) of this chapter which are appropriate to test the qualifications of the challenged elector.
ELBD 9.05 RECORDING THE CHALLENGE
The inspectors shall make a written record of all challenges at the polling place, whether or not a ballot is issued to the challenged elector. The written record shall contain the name and address of the challenger; the name, address and serial number of the challenged elector; the cause for the challenge; the questions asked of the elector and the elector's responses to those questions. The written record shall also contain the questions asked of the challenger; the challenger's responses to those questions and whether or not the challenge was withdrawn. The record shall note whether or not the challenged elector took the oath or affirmation of eligibility.
ELBD 9.06 REVIEW BY A BOARD OF CANVASSERS
The municipal board of canvassers may decide any challenge when making its canvass under s.
7.53, Stats. If the returns are reported under s.
7.60, Stats., a challenge may be reviewed by the county board of canvassers. If the returns are reported under s.
7.70, Stats., a challenge may be reviewed by the chairperson of the board or the chairperson's designee. The decision of any board of canvassers or of the chairperson or chairperson's designee may be appealed under s.
9.01, Stats. The standard for disqualification specified in s.
6.325, Stats., shall be used to determine the validity of challenged ballots.
Initial Regulatory Flexibility Analysis
The creation of this rule does not affect business.
Fiscal Estimate
The creation of this rule has no fiscal effect.
Contact Persons
George A. Dunst
Legal Counsel, State Elections Board
132 E. Wilson St., P. O. Box 2973
