application provided by the board to enable local election officials to register voters, track absentee voting and administer elections.
(q) “Voter registration application form" means the board-prescribed form (EB-131) on which voter registration information is recorded before entry in the Statewide Voter Registration System.
3.02 Content of the voter registration form. (1) An elector shall provide the following information on the voter registration application form:
(a) The elector's full name, including first and last name;
(b) The elector's complete address, including street, number and municipality;
(c) The elector's date of birth;
(d) The elector's driver's license number; or, if the elector has not been issued a valid and current driver's license but has a department of transportation issued identification card, the transportation identification card number or the last four digits of the elector's social security number. If the elector has not been issued a valid and current driver's license and does not have a social security number, the elector shall indicate that the elector has neither of those documents.
(e) An indication of the elector's age;
(f) An indication of the elector's citizenship;
(g) An indication that the elector is not disqualified from voting because the elector has not completed the terms of a sentence resulting from a felony conviction;
(h) If the elector was registered at a different location, the complete address including street, number and municipality of the previous address;
(i) If the elector was registered under a different name; the elector's former name, including first and last name;
(j) The signature of the elector certifying that the elector is qualified to vote in Wisconsin.
3.03 Treatment of voter registration applications. (1) If an applicant for voter registration fails to check either or both of the boxes indicating that the elector is a U.S. citizen and that the elector is at least 18 years old, the municipal clerk may process the voter registration application if the elector has signed the certification on the application form indicating that the voter meets the applicable requirements to vote in Wisconsin.
(2) If information is missing from a voter registration application form, the municipal clerk shall contact the applicant by any means feasible, including: in person, email, facsimile or telephone, to obtain the missing information.
3.10 Special registration deputies. (1) A qualified elector of the State of Wisconsin may apply to any municipal clerk or board of election commissioners to be appointed a special registration deputy, under s.
6.26, Stats., for the purpose of registering electors of that municipality before the close of registration.
(2) A qualified elector of this state may apply to the board to be appointed a special registration deputy for the purpose of registering electors of any municipality before the close of registration.
(3) Application to be appointed a special registration deputy shall be made by completion of the application form prescribed by the board and submission of the form to the appointing authority.
(4) Appointment shall be consummated by issuance of the special registration deputy's oath of office, on a form prescribed by the board.
(5) The term of an appointment under this chapter continues through the registration periods remaining in the election cycle at the time of application, and expires at the end of the election cycle.
3.11 Special registration deputy application form. (1) An application to be appointed a special registration deputy shall require the applicant to provide the applicant's name, address, and contact information.
(2) The application shall contain a certification that the applicant is a qualified elector of the state who is not disqualified from voting.
(3) The applicant shall agree to follow the procedures established by the board and the municipal clerk.
(4) The applicant shall attend a training session conducted by the appointing authority before being appointed a special registration deputy.
(5) The applicant shall be issued, by the appointing authority, a unique number that the applicant shall list on all voter registration forms collected by the applicant.
3.12 Special registration deputy training.
(1) The content and curriculum of the training session required of each special registration deputy shall be prescribed by the board.
(2) The training shall include the following elements:
(a) A discussion of Wisconsin voter eligibility requirements;
(b) Directions on the completion of the voter registration application form, including a direction that the special registration deputy shall affix to the form his or her printed name, signature and identification number, and a direction that the information on the form shall be legible;
(c) Review of the applicable statutory deadlines for submitting an application to register to vote;
(d) Directions on the treatment of confidential voter information and on the handling of proof of residence documents received from an applicant;
(e) Review of the deadlines and procedures for delivering the completed voter registration form to the appointing authority;
(f) Information on the consequences of failing to follow the prescribed procedures for registering voters;
(g) Information on the provisions of s.
12.13 (3) (ze), Stats., prohibiting compensation of special registration deputies according to the number of registration forms collected;
(h) Information on the criminal sanctions applicable to the misuse of appointment of special registration deputies;
(i) Any other information prescribed by the board.
3.13 Revocation of special registration deputy appointment. (1) Under s.
6.26 (2) (b), Stats., an appointing authority may, for cause, decline to appoint an applicant as a special registration deputy, or may revoke the appointment of an existing special registration deputy.
(2) Cause to deny or to revoke an appointment means that one or more of the following circumstances applies to the applicant or special registration deputy:
(a) The applicant or special registration deputy lacks the qualifications of an election official as set forth in s.
7.30 (2), Stats.;
(b) The applicant or special registration deputy fails to attend training sessions scheduled by the appointing authority;
(c) The applicant or special registration deputy has previously had an appointment revoked for cause;
(d) The applicant or special registration deputy fails to adhere to procedures established by the appointing authority, including submission of completed voter registration application forms in the time and manner prescribed by the appointing authority;
(e) The applicant or special registration deputy falsifies, fails to submit, or wrongfully suppresses, a voter registration application form or otherwise commits official misconduct.
3.20 Voter registration drives. (1) Individuals or organizations conducting voter registration drives shall use the voter registration application form (EB-131) prescribed by the board.
(2) Individuals or organizations conducting voter registration drives may not retain the following voter registration information: the date of birth, driver's license number, department of transportation identification number, or last four digits of the social security number of an individual completing a voter registration application form.
(3) Individuals or organizations conducting voter registration drives may utilize special registration deputies to assist in the collection of voter registration application forms.
(4) Individuals or organizations conducting voter registration drives that do not utilize special registration deputies to assist in the collection of voter registration application forms shall collect a copy of the required forms of proof of residence for first-time voters and submit the copy to the appointing authority with the completed voter registration application form.
(5) Individuals or organizations conducting voter registration drives may not retain a copy of any form of proof of residence collected from an individual.
(6) Individuals or organizations conducting voter registration drives may not pay any individual collecting voter registration application forms compensation based on the number of registration forms collected as proscribed in s.
12.13 (3)(ze), Stats.
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 Person
George A. Dunst
Legal Counsel, State Elections Board
17 West Main Street
P.O. Box 2973
Madison, Wisconsin 53701-2973
Phone 266-0136
Notice of Hearing
Employee Trust Funds
A public hearing on this proposed rule will be held on July 12, 2007, at 9:00 AM in Conference Room GB at the offices of the Department of Employee Trust Funds, 801 West Badger Road, Madison, Wisconsin. Attendees should come to the reception desk up the stairs (or the elevator) from the main building entrance for escort to the conference room.
Analysis Prepared by the Department of Employee Trust Funds
1. Statute interpreted: Section
40.285, Stats.
3. Explanation of agency authority: By statute, the DETF Secretary is expressly authorized, with Board approval, to promulgate rules required for the efficient administration of any benefit plan established in ch.
40 of the Wisconsin Statutes. Each state agency may promulgate rules interpreting the provisions of any statute enforced or administered by the agency, if the agency considers it necessary to effectuate the purpose of the statute. The Legislature has expressly required the Department to specify, by rule, how the purchase of service credit for previously forfeited service will be prorated when more than one category of employment is involved and credit for less that all the previously forfeited service is purchased. In addition, the Legislature has mandated that the Department shall establish by rule different rates for different categories of participants who purchase credit for other governmental service, based upon factors recommended by the actuary.
4. Related statute or rule: Section
40.285, Stats.
5. Plain language analysis:
Introduction.
This rule-making supplements and interprets the re-codification of the statutes governing the purchase of creditable service under the Wisconsin Retirement System (WRS). The law governing the WRS allows participating employees to purchase credit under the WRS for six different kinds of service: previously forfeited service, other governmental service, previous executive service not credited because of over-62 age restrictions, a 6-month uncredited qualifying period, teacher improvement leave and uncredited junior teaching service. Existing Administrative Code provisions apply to service purchases generally (
Wis. Admin. Code §
ETF 20.14), the purchase of forfeited service (§
ETF 20.15), qualifying service (§
ETF 20.16) and other governmental service (§ ETF 20.18). All of these existing administrative rules are repealed by this rule-making.
In July 2003,
2003 Wis. Act 33 created a new
s. 40.285, Stats., that revised and combined all the former statutes concerning the purchase of service credits. In the process, the former ss.
40.02 (17) (b),
(e),
(i), and
(k) and
40.25 (5) and
(6), Stats., were eliminated, either by renumbering or repeal.
Subsequently, in April 2006,
2005 Wis. Act 154 amended
Wis. Stat. §
40.285 (4) (d) regarding the role of funds received for the purchase of other governmental service in calculating WRS death benefits and money purchase retirement benefits.
Wis
. Admin. Code §
ETF 20.14 was created effective January 1, 1997, and §
ETF 20.18 was created effective July 1, 1995. Neither has been amended by the Department since then.
Wis. Admin. Code §
ETF 20.15 and
20.16 were both created during 1982 and were most recently amended effective January 1, 1997.
This rulemaking deletes language and policies incorporated in these rules that have been superseded by subsequent legislation or which have otherwise become obsolete due to changes in the applicable law. In their place, the rule-making creates a new
Wis. Admin. Code §
ETF 20.17 uniting the rules covering all purchases of creditable service into one code provision.
Service Credit Purchases; Generally.
Under
Wis. Stat. §
40.285, a participating employee may purchase credit in the WRS for six different kinds of service. Such service credit purchases both increase the creditable service used to calculate a formula annuity and also increase the account balance in the employee's required contribution account. Except for amounts received to purchase other governmental service, these additional funds increase the value of the participating employee's money purchase pension benefit.
(a) Defining terms.
In §
ETF 20.17 (2), the proposed rule defines key terms. All definitions are based on the present
Wis. Admin. Code § ETF 20.18 (2) (a),
(b),
(c),
(d) and
(e). The phrases “At the time of application" and “date of application" are defined consistent with §
ETF 10.82 (1), to which reference is added. The definitions of the remaining terms, “current earnings," “military service," “money purchase balance," and “other governmental service," are substantially similar to the current definitions, except for necessary cross-reference corrections and some minor clarifications.
The rule-making also makes technical amendments to the existing definition of the term “three continuous years of creditable service" in
Wis. Admin. Code §
ETF 10.01 (7). This is a statutory pre-requisite to eligibility for purchasing credit for either forfeited service or other governmental service.
(b) Estimates, applications and final calculations.
As provided by this rule, the Department will upon request prepare a combination estimate and application form to be used to make the purchase. After the completed application and actual payment is received, the DETF will audit the transaction and, if necessary, recalculate the amount due. Such adjustments may be necessary, for example, if an estimate was prepared during one year and the employee submits the application later, after a change in the employee's compensation has occurred. \
This rule-making eliminates the limits on how much may be paid into the retirement system found in the current
Wis. Admin. Code §
ETF 20.14 (1) and
(2) (a) 1. The limits were based on now obsolete provisions of § 415(c) of the Internal Revenue Code. The sources of permissible funds to use to make the service credit purchase are also expanded from current rules, in accord with the latest federal tax laws.
(c) Deadline for applying.
Because only a “participating employee" may buy credit for service under
Wis. Stat. §
40.285, the completed application must be received at the DETF before the employee terminates participating employment. A special provision establishes the deadline for a retired employee who holds a second participating position as a part-time elected official and “opts out" of WRS coverage with respect to that part-time position as permitted under
Wis. Stat. §
40.23 (1) (am) 2. The treatment under the rule is consistent with that statute and establishing when the person ceases to be a participating employee.
(d) Rejection of ineligible, unpaid and incomplete applications.
An application for service credits the applicant is not entitled to buy must be rejected. Late applications must be rejected. Generally, applications not accompanied by payment-in-full must also be rejected. However, there are some exceptions. The applicant may use voluntary additional contributions already in the participant's WRS account, including §403(b) funds, as part of the payment. Alternatively, the applicant may pay a required 10% down-payment and arrange to transfer the remainder from another qualifying benefit plan, as permitted by federal tax laws, within 90 days. An application that remains incomplete for more than 90 days may be rejected, at the Department's discretion. If the Department underestimated the actual final cost of the service purchase, the applicant may cancel the transaction, or pay the balance due. The Department allows participants in this situation who have already begun to receive their WRS pensions to pay the balance due out of one of the next monthly annuity payments. At present, that option exists only for purchases of credit for forfeited or other governmental service. This rule will expand that option to all types of service purchase and also allow the balance to be deducted from a lump sum paid in lieu of a retirement annuity.
(e) Effects of buying service credit.
This rule-making clarifies the long-standing DETF policy that buying credit for service simply adds the amount of service credit purchased to the person's total creditable service, going forward, for the sole purpose of calculating a formula annuity benefit under
Wis. Stat. §
40.23 (2) (b) or
(2m) (e), or making other formula annuity calculations in that manner such as for disability annuity benefits or special death benefits under
Wis. Stat. §
40.63 (8) or
40.73 (1) (c), respectively. Buying creditable service has no retroactive effect and therefore does
not do any of the following:
• Undo any effects of the requirement of
Wis. Stat. §
40.25 (3) that a person who takes a separation benefit must thereafter be treated as a new employee for all ch.
40 purposes upon subsequent employment by a participating employer.
• Establish an earlier date of participation or restore an account as though it had never been closed.
• Restore or entitle the purchaser to any benefits or rights associated with being a participant in the WRS or a member of any predecessor retirement system, at the time the services for which credit is being purchased were actually performed.
• Establish any creditable service in, or for, any particular year.
