Amendment SA2-SSA1-SB55

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2001 - 2002 LEGISLATURE

SENATE AMENDMENT 2, TO SENATE SUBSTITUTE AMENDMENT 1, TO 2001 SENATE BILL 55

June 19, 2001 - Offered by Senators Chvala, Risser, Moen and Burke.

SB55-SSA1-SA2,1,1 At the locations indicated, amend the substitute amendment as follows:

SB55-SSA1-SA2,1,2 1. Page 2, line 25: after that line insert:

SB55-SSA1-SA2,1,3 " Section 76m. 7.085 of the statutes is created to read:

SB55-SSA1-SA2,1,8 7.085 Elections board grant programs. (1) Election rapid response team grant program. (a) Generally. The board shall administer a grant program to assist eligible cities in establishing teams of reserve inspectors under s. 7.30 (1) to ensure that no qualified electors in the eligible cities are required to wait more than 15 minutes at a polling place in order to vote in a general election.

SB55-SSA1-SA2,2,7 (b) Application and eligibility. Any city in this state with a population of 40,000 or more may apply for a grant under this subsection on a form prescribed by the board. Each application shall include a statement of the amount requested, a detailed statement demonstrating the need for the grant in the city and the manner in which the city will allocate the grant, if the application is approved, and a statement indicating whether any firefighters are currently serving as reserve inspectors under s. 7.30 (1) in the city. The board may, by rule, establish a reasonable time period during which applications must be submitted. The board shall allocate grant moneys distributed under this subsection based on need and shall give preference to any city in which firefighters are serving as reserve inspectors under s. 7.30 (1).

SB55-SSA1-SA2,2,14 (c) Payment and use of grant amounts; enforcement of eligibility requirements. The board shall pay grants under this subsection from the appropriation under s. 20.510 (1) (cd). The maximum grant amount for any city is $50,000 annually. A city shall reimburse this state for any grant amounts the city expends for a purpose not identified in the city's application. A city shall reimburse this state for any grant amounts the city receives based on an application that contains false information. The board shall enforce all requirements under this subsection.

SB55-SSA1-SA2,2,18 (2) Election assistance grant program. (a) Generally. The board shall administer a grant program to assist eligible municipalities in recruiting and training inspectors, conducting voter education campaigns, or upgrading voting equipment.

SB55-SSA1-SA2,3,6 (b) Application and eligibility. Any municipality in this state may apply for a grant under this subsection on a form prescribed by the board. Each application shall include a statement of the amount requested and a detailed statement demonstrating the need for the grant in the municipality, the purpose for which the municipality requests the grant, and the manner in which the municipality will allocate the grant, if the application is approved. Each application shall include a statement that, upon receiving any grant amount, the municipality agrees to appropriate from other available funds an amount at least equal to the grant for the same purpose or purposes for which the grant was requested. The board may, by rule, establish a reasonable time period during which applications must be submitted. The board shall allocate grant moneys under this subsection based on need and shall ensure, to the extent possible, that grants are provided to a representative group of municipalities in this state.

SB55-SSA1-SA2,3,12 (c) Payment and use of grant amounts; enforcement of eligibility requirements. The board shall enforce all requirements under this subsection. The board shall pay grants under this subsection from the appropriation under s. 20.510 (1) (ce). The minimum grant amount for any municipality is $5,000 annually and the maximum grant amount for any municipality is $20,000 annually. A municipality shall reimburse this state for all of the following:

SB55-SSA1-SA2,3,14 1. Any grant amounts the municipality expends for a purpose not identified in the municipality's application.

SB55-SSA1-SA2,3,16 2. Any grant amounts the municipality receives based on an application that contains false information.

SB55-SSA1-SA2,3,19 3. Any grant amounts the municipality receives, if the municipality fails to appropriate and expend funds in substantial compliance with the agreement contained in the municipality's application.

SB55-SSA1-SA2, s. 83d Section 83d. 7.30 (1) of the statutes is amended to read:

SB55-SSA1-SA2,4,16 7.30 (1) Number. There Except as authorized or required under this subsection and ss. 7.15 (1) (k) and 7.32, there shall be 7 inspectors for each polling place at each election. In municipalities where voting machines are or any electronic voting system is used, the municipal governing body may reduce the number of inspectors to 5. A municipal governing body may provide for the appointment of additional inspectors whenever more than one voting machine is used or wards are combined under s. 5.15 (6) (b). A municipal governing body may provide for the appointment of reserve inspectors who may be called by the municipal clerk or board of election commissioners to serve at a polling place for any election in addition to the regularly appointed inspectors whenever the number of regularly appointed inspectors serving that polling place is insufficient to adequately serve the number of electors reasonably expected to vote at an election at that polling place. A municipal governing body may provide by ordinance for the selection of alternate officials or the selection of 2 or more sets of officials to work at different times on election day, and may permit the municipal clerk or board of election commissioners to establish different working hours for different officials assigned to the same polling place. Unless officials are appointed without regard to party affiliation under sub. (4) (c) or reserve inspectors are appointed under this subsection, additional officials shall be appointed in such a manner that the total number of officials is an odd number and the predominant party under sub. (2) is represented by one more official than the other party.

SB55-SSA1-SA2, s. 84d Section 84d. 7.30 (2) (a) and (b) of the statutes are amended to read:

SB55-SSA1-SA2,5,20 7.30 (2) (a) Only election officials appointed under this section may conduct an election. Except as authorized in otherwise provided in this paragraph and s. 7.15 (1) (k), each inspector election official shall be a qualified elector in of the ward for which the polling place is established, or of one of the wards for which the polling place is established whenever a polling place serves more than one ward. Special registration deputies appointed under s. 6.55 (6) and , election officials serving more than one ward or when necessary who are appointed to fill a vacancy under par. (b), and reserve inspectors appointed under sub. (1) shall be qualified electors of the state, but need not be a resident of that ward, but shall be a resident qualified electors of the municipality. Special registration deputies may be appointed to serve more than one polling place. All officials shall be able to read and write the English language, be capable, and be of good understanding, and may not be a candidate for any office to be voted for at an election at which they serve. In 1st class cities, they may hold no public office other than notary public. Except as otherwise provided under this paragraph and except as authorized under sub. (4) (c), all inspectors shall be affiliated with one of the 2 recognized political parties which received the largest number of votes for president, or governor in nonpresidential general election years, in the ward or combination of wards served by the polling place at the last election. The Except as otherwise provided under this paragraph, the party which received the largest number of votes is entitled to one more inspector than the party receiving the next largest number of votes at each polling place. Reserve inspectors under sub. (1) shall be appointed in consultation with the party committeemen or committeewomen or the party committees submitting nominations under sub. (4) (b), if they submit nominations. To the extent possible, an equal number of reserve inspectors shall be affiliated with each of the parties. The same election officials may serve the electors of more than one ward where wards are combined under s. 5.15 (6) (b). If a municipality is not divided into wards, the ward requirements in this paragraph apply to the municipality at large.

SB55-SSA1-SA2,6,8 (b) When a vacancy occurs, the vacancy shall be filled by appointment of the municipal clerk. The Except for a reserve inspector appointed under sub. (1), a vacancy shall be filled from the remaining names on the lists submitted under sub. (4) or from additional names submitted by the chairperson of the county party committee of the appropriate party under sub. (4) whenever names are submitted under sub. (4) (d). If the vacancy is due to candidacy, sickness or any other temporary cause, the appointment shall be a temporary appointment and effective only for the election at which the temporary vacancy occurs. The same qualifications that applied to original appointees shall be required of persons who fill vacancies. Vacancies, except that a vacancy may be filled in cases of emergency or because of time limitations by a person from another aldermanic district or ward within the municipality by any qualified elector of this state without regard to the elector's municipality of residence, if the elector meets the other qualifications.

SB55-SSA1-SA2, s. 84f Section 84f. 7.30 (4) (a) of the statutes is amended to read:

SB55-SSA1-SA2,6,17 7.30 (4) (a) Except in cities where there is a board of election commissioners, the mayor, president, or board chairperson of each municipality shall nominate to the governing body no later than their last regular meeting in December of each even-numbered year the necessary, regularly appointed election officials for each polling place. In addition, if authorized by the governing body, the mayor, president, or board chairperson may nominate electors to serve as reserve inspectors. If no regular meeting is scheduled, the mayor, president, or chairperson shall call a special meeting for the purpose of considering nominations no later than December 31.

SB55-SSA1-SA2, s. 84h Section 84h. 7.30 (4) (b) 1. and 2. of the statutes are amended to read:

SB55-SSA1-SA2,7,8 7.30 (4) (b) 1. In cities where there is a board of election commissioners, the aldermanic district committeemen or committeewomen under s. 8.17 of each of the 2 dominant recognized political parties shall submit a certified list no later than November 30 of each even-numbered year containing the names of at least as many electors as there are regularly appointed inspectors from that party for each of the voting wards in the aldermanic district. The chairperson may designate any individual whose name is submitted as a first choice nominee. The board of election commissioners shall appoint, no later than December 31 of even-numbered years, at least 5 regularly appointed inspectors for each ward. The board of election commissioners shall appoint all first choice nominees for so long as positions are available, unless nonappointment is authorized under par. (e), and shall appoint other individuals in its discretion. The board of election commissioners may designate such alternates as it deems advisable. In addition, if authorized by the governing body, the board of election commissioners may appoint electors to serve as reserve inspectors as provided under sub (2) (a).

SB55-SSA1-SA2,8,23 2. In municipalities other than cities and villages located in counties having a population of more than 500,000, the committees organized under s. 8.17 from each of the 2 dominant parties under sub. (2) shall submit a list containing at least as many names as there are needed appointees for regularly appointed inspector positions from that party. The list shall be submitted by the chairperson of each of the 2 committees to the mayor, president, or chairperson of the municipality. If committees are organized in subdivisions of a city, the list shall be submitted through the chairperson of the city committee. If there is no municipal committee, the list shall be submitted by the chairperson of the county or legislative district committee. Except as provided in par. (c) and except for reserve inspectors appointed under sub. (1), only those persons submitted by the chairperson of each committee under s. 8.17 may act as election officials. The chairperson may designate any individual whose name is submitted as a first choice nominee. The list shall contain the signature of the chairperson and secretary of the submitting committee. In cities or villages located in counties having a population of more than 500,000, other than cities where there is a board of election commissioners, the aldermanic district or village committeeman or committeewoman for the ward or wards where each polling place is located, if there is one, shall submit a list containing at least as many names as there are needed appointees for regularly appointed inspector positions from the party represented by the committeeman or committeewoman. For appointments of inspectors in cities and villages where there is no aldermanic district or village committeeman or committeewoman, nominations shall proceed in the same manner as in municipalities located in counties having a population of 500,000 or less. The list shall be submitted to the mayor or president. Except as provided in par. (c) and except for reserve inspectors appointed under sub. (1), only those persons whose names are submitted as provided in this paragraph may act as election officials. The committeeman or committeewoman may designate any individual whose name is submitted as a first choice nominee. The list shall contain the signature of the aldermanic district or village committeeman or committeewoman or the chairperson of the appropriate committee. Upon submission of each nominee's name, the governing body shall appoint each first choice nominee for so long as positions are available, unless nonappointment is authorized under par. (e), and shall appoint other nominees in its discretion. If any nominee is not appointed, the mayor, president, or chairperson of the municipality shall immediately nominate another person from the appropriate lists submitted and continue until the necessary number of election officials from each party is achieved at that meeting. In addition, except in municipalities where there is a board of election commissioners, if the governing body has provided for the appointment of reserve inspectors under sub. (1), the body may appoint those inspectors from nominations submitted under par. (a) as provided under sub (2) (a).

SB55-SSA1-SA2, s. 85f Section 85f. 7.30 (4) (c) of the statutes is amended to read:

SB55-SSA1-SA2,9,12 7.30 (4) (c) For so long as nominees are made available by the political parties under this section, appointments of regularly appointed inspectors may be made only from the lists of submitted nominees. If the lists are not submitted by November 30 of the year in which appointments are to be made, the board of election commissioners shall appoint, or the mayor, president, or chairperson of a municipality shall nominate, qualified persons whose names have not been submitted. If an insufficient number of nominees appears on the lists as of November 30, the board of election commissioners shall similarly appoint, or the mayor, president, or chairperson shall similarly nominate, sufficient individuals to fill the remaining vacancies. Any appointment which is made due to the lack of availability of names submitted under par. (b) may be made without regard to party affiliation.

SB55-SSA1-SA2, s. 85h Section 85h. 7.30 (5) of the statutes is amended to read:

SB55-SSA1-SA2,9,20 7.30 (5) Oath of office. Within 5 days after appointment of the an election officials official under this section, the municipal clerk shall give each appointee notice. The appointees shall file the official oath with the municipal clerk within 10 days after the mailing of the notice. Appointees to fill vacancies or any other election official who has not filed the oath, before receiving any ballots, shall sign the oath and return it to the municipal clerk. An inspector, after taking the oath, may administer any oath required to conduct an election.

SB55-SSA1-SA2, s. 85j Section 85j. 7.30 (6) (a) of the statutes is amended to read:

SB55-SSA1-SA2,9,25 7.30 (6) (a) The appointed election officials An election official appointed under this section shall hold office for 2 years and until their successors are a successor is appointed and qualified. They shall serve at every election held in their ward during their term of office.

SB55-SSA1-SA2, s. 85L Section 85L. 7.30 (6) (c) of the statutes is amended to read:

SB55-SSA1-SA2,10,7 7.30 (6) (c) If any election official appointed under this section lacks the qualifications set forth in this section, fails to attend training sessions required under s. 7.15 (1) (e) unless excused therefrom, is guilty of neglecting his or her official duties, or commits official misconduct, the municipal clerk or board of election commissioners shall summarily remove the official from office and the vacancy shall be filled under sub. (2) (b).".

SB55-SSA1-SA2,10,8 2. Page 3, line 1: delete lines 1 to 3.

SB55-SSA1-SA2,10,9 3. Page 3, line 3: after that line insert:

SB55-SSA1-SA2,10,10 " Section 87d. 7.33 (2) of the statutes is amended to read:

SB55-SSA1-SA2,10,18 7.33 (2) Service as an election official under this chapter shall be is mandatory upon all qualified electors for every elector appointed under s. 7.30, for every election held during the full 2-year term, after which they shall be of office in the ward or election district for which the elector is appointed to serve or to which the elector is assigned. Upon completion of a 2-year term of service, an elector is exempt from further service as an election official, under this chapter, until 3 terms of 2 years each have elapsed. Municipal clerks may grant exemptions from service at any time. This subsection does not apply to reserve inspectors appointed under s. 7.30 (1).".

SB55-SSA1-SA2,10,19 4. Page 3, line 3: after that line insert:

SB55-SSA1-SA2,10,20 " Section 93m. 8.11 (2) of the statutes is amended to read:

SB55-SSA1-SA2,11,3 8.11 (2) Milwaukee County Populous counties. A primary shall be held in counties having a population of 500,000 or more whenever there are more than twice the number of candidates to be elected to any judicial office within the county or to the county board of supervisors from any one district or to any judicial office within the county, except that in Milwaukee County a primary shall be held whenever there are more than twice the number of candidates to be elected to the office of circuit court judge from any one judicial subdistrict under s. 753.015 (2).".

SB55-SSA1-SA2,11,4 5. Page 7, line 4: after that line insert:

SB55-SSA1-SA2,11,5 " Section 97m. 13.0975 of the statutes is created to read:

SB55-SSA1-SA2,11,7 13.0975 Prison impact assessments. (1) In this section, "prison" means a state prison described under s. 302.01.

SB55-SSA1-SA2,11,15 (2) The director of state courts shall prepare a prison impact assessment for any bill or, if requested, for any bill draft that creates a felony or modifies the period of imprisonment for a felony. Except as otherwise provided by the joint rules of the legislature, the director shall prepare the assessment within 21 calendar days after the date on which the director receives a copy of a bill under sub. (4) or the date on which the director receives a request to prepare the assessment from the requester of the bill draft, whichever occurs first. The assessment shall contain all of the following:

SB55-SSA1-SA2,11,17 (a) Projections of the impact on statewide populations of prisoners, probationers, parolees, and persons on extended supervision.

SB55-SSA1-SA2,11,20 (b) An estimate of the fiscal impact of population changes under par. (a) on state expenditures, including expenditures for the construction and operation of state prisons for the current fiscal year and the 5 succeeding fiscal years.

SB55-SSA1-SA2,11,23 (c) An analysis of any significant factor, not covered in complying with pars. (a) and (b), affecting the cost of the bill or bill draft and the factor's impact on prosecutors, the state public defender, and courts.

SB55-SSA1-SA2,12,2 (d) A statement of the methodologies and assumptions that the director used in preparing the assessment.

SB55-SSA1-SA2,12,4 (3) The legislature shall reproduce and distribute assessments under sub. (2) in the same manner as it reproduces and distributes amendments.