Rule-making notices
Notice of Hearing
Elections Board
NOTICE IS HEREBY GIVEN that pursuant to ss.
5.05 (1) (f),
5.93, and
227.11 (2) (a), Stats., and interpreting ss.
7.30,
7.31,
7.33,
7.36, and
7.37, 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
October 1, 2005, 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 State Elections Board
3. Explanation of agency authority: The rule implements s.
7.31, Stats., which requires the Elections Board to develop and implement a training and certification program for the chief election inspectors who are responsible for the conduct of elections at Wisconsin polling places.
In Wisconsin,
2001 Wisconsin Act 16 requires the Elections Board to develop and implement a training and certification program for the chief election inspectors who are responsible for the conduct of elections at Wisconsin polling places. To implement the training program, the Elections Board's staff has drafted a set of administrative rules regarding qualification and certification as a chief election inspector. Although the rule is required to be in place immediately, the state's fiscal crisis has delayed the Board's ability to implement the training and certification of the estimated 5000 chief inspectors. Adoption of the rules regarding training and certification is one of the steps in implementation of the statute's command. Training of chief inspectors has already commenced in 2004. Further training and certification will follow.
4. Related statute or rule: The rule interprets ss.7.30, 7.31, 7.33, 7.36, and 7.37, Stats., all of which relate to election inspectors or election officials.
5. Plain language analysis: The rule establishes the procedure for, and the method by which, chief election inspectors are certified to preside at polling places throughout Wisconsin.
Elections in the State of Wisconsin are conducted at an estimated 2500 polling places. Supervision of voting at each polling place is under the direction of the election inspectors and, particularly, the chief election inspector, appointed to serve that polling place.
6. Summary of, and comparison with, existing or proposed federal regulations: Although federal law does not have a comparable provision for the training of poll workers, federal law - the Help America Vote Act of 2002 or “HAVA," (Public Law 107-252, Oct. 29, 2002) – has mandated the training of election officials and poll workers in each of the 50 states. Under HAVA, each state receiving federal funds to improve the administration of elections in the state has to develop a plan that includes “programs for election official education and training, and poll worker training which will assist the state in meeting the requirements of Title III" (of the Act). The State of Wisconsin has developed and is implementing such a plan.
7. Comparison with rules in adjacent states: The States of Illinois, Iowa, Michigan and Minnesota each has a statute that requires that persons who conduct elections at polling places (election judges, election inspectors or precinct officials) must receive training on a regular basis. Although Illinois requires certification, the other states only require attendance. Each state accepting federal money under the Help America Vote Act is required to certify the persons who conduct voting at polling places in the state.
8. Summary of factual data and analytical methodologies: Adoption of the rule was predicated on federal and state mandate rather than on any factual data or analytical methodology.
9. Analysis and supporting documents used to determine effect on small business or in preparation of economic impact report: Preparation of an economic impact report is not required. The Elections Board does not anticipate adoption of rules that will have an economic impact.
10. Effect on small business: The creation of this rule does not affect business.
11. Agency contact person (including e-mail and telephone): George A. Dunst
Legal Counsel, State Elections Board
17 West Main Street
P.O. Box 2973
Madison, Wisconsin 53701-2973; Phone 266-0136
12. Place where comments are to be submitted and deadline for submission: State Elections Board, 17 West Main Street, P.O. Box 2973, Madison, WI 53701-2973; (elections.state.wi.us)
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 11.01, 11.02, 11.03, 11.04, and 11.05, interpreting ss.7.30, 7.31, 7.33, 7.36, and 7.37, Stats.
SECTION 1. Chapter ElBd 11, Training and certification of election inspectors, is created to read:
ElBd 11.01 Certification requirement (1) At each polling place in each municipality in Wisconsin, there shall be a chief election inspector who shall be certified by the Elections Board.
(2) Certification and maintenance of certification of chief election inspectors shall follow the standards set forth in this chapter.
(3) A record of each individual that has been certified by the Elections Board as a chief election inspector for a municipality, under the standards established by this chapter, shall be maintained by the municipality's clerk or board of election commissioners.
ElBd 11.02 Qualification (1) Individuals who have been, or will be, appointed chief election inspector, pursuant to s.7.30, Stats., shall be certified by the Elections Board.
(2) Before they may be certified as a chief election inspector, applicants shall complete an initial training course conducted under the direction of the Elections Board staff.
(3) Each chief election inspector's certificate shall expire at the end of the term for which that inspector has been certified unless the certificate has been renewed before expiration. A chief election inspector's certificate may be revoked by the municipal clerk when the inspector is removed from office pursuant to the provisions of s.
7.30 (6) ( c), Stats.
ElBd 11.03 Certification maintenance. (1) To maintain certification as a chief election inspector, an individual shall, during the individual's term of office, attend at least six (6) hours of training approved by the board's executive director.
(2) Compliance with the approved training required by par. (1) may consist of attendance at any combination of the following chief election inspector certification-training courses that have been approved by the board's executive director.
(a)
An approved training course for chief election inspectors conducted under the direction of the Elections Board's staff.
(b)
An approved training course for chief election inspectors conducted by the Elections Board's staff at a meeting of the Wisconsin County Clerks Association, Wisconsin Municipal Clerks Association, Wisconsin Towns Association or the League of Wisconsin Municipalities.
(c)
An approved training course for chief election inspectors conducted by the Elections Board's staff through the University of Wisconsin Extension Local Government Center WISLINE Series.
(d)
An approved training course for chief election inspectors conducted by a municipal clerk or municipal board of election commissioners pursuant to s.
7.15 (1) (e), Wis. Stats.
(e)
An approved training course for chief election inspectors at a regional or national conference of a professional organization that serves election officials.
(f)
Any other chief election inspector certification-training course that has been approved by the board's executive director.
(3) To maintain certification, an individual shall provide to the municipal clerk or municipal board of election commissioners satisfactory proof of completion of an approved certification-training course for chief election inspectors, listing a description of the approved training event, including the date and location of the approved training.
(4) If an individual demonstrates to the clerk or municipal board of election commissioners that he or she has met the maintenance of certification requirements of Para. (1), the clerk or board of election commissioners may renew the certification for the individual's succeeding term.
ElBd 11.04 Election day responsibilities. (1) On Election Day, the chief election inspector shall state on the Inspectors' Statement, (Form EB-104), that the chief election inspector holds a current certification.
(2) Immediately following each election, the municipal clerk or director of the municipal board of election commissioners shall deliver a copy of the Inspectors' Statement (Form EB-104) pursuant to the provisions of s.7.51 of the Wisconsin Statutes.
(3) Immediately following each election, the municipal clerk or director of the municipal board of election commissioners shall review the inspectors' statement to ensure compliance with paragraph (1) and compliance with s.
7.51, Stats.
ElBd 11.05 Certification waiver. In the event of an emergency, after notice to, and approval by, the Elections Board, the municipal clerk or director of a municipal board of election commissioners may use a non-certified chief inspector at a specified polling place, for that election only, if, because of the emergency, a certified chief election inspector is not available to serve that polling place.
Notice of Hearing
Natural Resources
(Fish, Game, etc.)
NOTICE IS HEREBY GIVEN that pursuant to ss.
29.014,
29.089 (3) and
227.11, Stats., interpreting ss.
29.014 and
29.089 (3), Stats., the Department of Natural Resources will hold a public hearing on the creation of s.
NR 10.01 (3) (e) 2. h., Wis. Adm. Code, creating a deer hunting season at Straight Lake Wilderness state park, Polk County. The proposed rule creates a deer firearm season beginning on the Saturday immediately preceding the Thanksgiving holiday and continuing for 9 consecutive days followed by a muzzleloading firearm season beginning on the following Monday and continuing for 10 consecutive days. This deer season may be modified should the property master plan prescribe an alternative hunting season structure.
NOTICE IS HEREBY FURTHER GIVEN that pursuant to s.
227.114, Stats., it is not anticipated that the proposed rule will have an economic impact on small businesses. The Department's Small Business Regulatory Coordinator may be contacted at:
SmallBusinessReg.Coordinator@dnr.state.wi.us or by calling (608)266-1959.
NOTICE IS HEREBY FURTHER GIVEN that the Department has made a preliminary determination that this action does not involve significant adverse environmental effects and does not need an environmental analysis under ch.
NR 150, Wis. Adm. Code. However, based on the comments received, the Department may prepare an environmental analysis before proceeding with the proposal. This environmental review document would summarize the Department's consideration of the impacts of the proposal and reasonable alternatives.
NOTICE IS HEREBY FURTHER GIVEN that the hearing will be held on:
Wednesday October 19, 2005 at 6:00 p.m.
UW Ag Research Station
W6646 Highway 70, Spooner
NOTICE IS HEREBY FURTHER GIVEN that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of information material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Keith Warnke at (608) 264-6023 with specific information on your request at least 10 days before the date of the scheduled hearing.
Fiscal Estimate
There may be increased state costs up to $2,400.
The proposed rule and fiscal estimate may be reviewed and comments electronically submitted at the following Internet site: adminrules.wisconsin.gov. Written comments on the proposed rule may be submitted via U.S. mail to Mr. Keith Warnke, Bureau of Wildlife Management, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until October 21, 2005. Written comments whether submitted electronically or by U.S. mail will have the same weight and effect as oral statements presented at the public hearings. A personal copy of the proposed rule and fiscal estimate may be obtained from Mr. Warnke.
Notice of Hearing
Natural Resources
(Fish, Game, etc.)
