Amendment ASA1-SB42

LRBs0150/1

JTK&ARG:wlj:pg

2005 - 2006 LEGISLATURE

ASSEMBLY SUBSTITUTE AMENDMENT 1, TO 2005 SENATE BILL 42

June 21, 2005 - Offered by Representatives Cullen, Kreuser, Wasserman, Kessler, Sinicki, Fields, Grigsby, Pope-Roberts, Seidel, Lehman, Toles, Gronemus, Shilling, Hebl, Van Akkeren, Vruwink, Richards, Molepske and Sherman.

SB42-ASA1,2,8 An Act to repeal 6.93 (title); to renumber 6.88 (3) (b); to renumber and amend 6.21, 6.55 (3), 6.88 (3) (a), 6.93, 7.30 (1), 7.31 (1) and 7.51 (3) (d); to amend 5.02 (15), 5.05 (1) (e), 5.25 (4) (a), 5.25 (4) (b), 5.35 (title), 5.35 (5), 5.35 (6) (a) (intro.), 5.35 (6) (a) 3., 5.35 (6) (a) 4., 6.10 (3), 6.15 (4) (a) to (e), 6.15 (6), 6.26 (2) (c), 6.26 (2) (d), 6.26 (3), 6.275 (title), 6.275 (2), 6.28 (1), 6.28 (3), 6.29 (1), 6.29 (2) (a), 6.32 (3), 6.33 (1), 6.33 (2) (a), 6.33 (5) (a), 6.36 (1) (a), 6.36 (1) (b) 1. a., 6.36 (2) (a), 6.40 (1) (a) 1., 6.40 (1) (c), 6.50 (3), 6.55 (2) (a) 1., 6.55 (2) (d), 6.56 (1), 6.56 (3), 6.77 (1), 6.79 (2) (c), 6.86 (1) (a) 5., 6.86 (1) (ar), 6.86 (1) (b), 6.86 (3) (c), 6.87 (3) (a), 6.87 (4), 6.87 (6), 6.88 (1), 6.88 (2), 6.935, 6.97 (1), 6.97 (2), 7.03 (1) (a), 7.03 (1) (d), 7.08 (1) (c), 7.30 (2) (a), 7.30 (2) (b), 7.30 (2) (b), 7.30 (2) (c), 7.30 (4) (b) (intro.), 7.30 (4) (c), 7.30 (6) (b), 7.30 (6) (c), 7.31 (title), 7.31 (2) to (5), 7.32, 7.33 (3), 7.37 (2), 7.41 (1), 7.41 (2), 7.41 (3) (intro.), 7.41 (3) (a), 7.41 (3) (b), 7.51 (1), 7.51 (2) (c), 7.51 (2) (e), 7.51 (4) (a), 7.51 (5) (b), 7.53 (1), 7.53 (2) (d), 7.60 (3), 12.03 (title), 12.03 (1), 12.07 (2), 12.13 (3) (x), 12.60 (1) (a), 12.60 (1) (b), 17.29, 20.510 (1) (bm), 343.22 (4) and 880.33 (9); to repeal and recreate 6.28 (title); and to create 5.35 (6) (c), 5.51 (9), 6.275 (3), 6.28 (4), 6.285, 6.29 (2) (am), 6.33 (1m), 6.36 (1) (b) 1. am., 6.55 (2) (cs), 6.55 (3) (b), 6.56 (3m), 6.79 (2) (dm), 6.86 (6), 6.873, 7.08 (9), 7.16, 7.17, 7.18, 7.30 (1) (b), 7.31 (1g), 7.52, 12.03 (1m), 12.03 (2m), 12.13 (3) (gm), 12.13 (3) (ze), 20.510 (1) (e), 110.08 (1r), 301.03 (20), 343.14 (2r), 343.178 and 343.22 (3m) of the statutes; relating to: administration of elections and making an appropriation.

Analysis by the Legislative Reference Bureau

This substitute amendment makes various changes in the laws concerning the administration of elections. The changes include:

Absentee voting and voter registration at satellite locations

Currently, unless an elector votes by absentee ballot, the elector must appear at the polling place serving his or her residence to vote. Polling places are staffed by inspectors who, with limited exceptions, are appointed from nominations submitted by the party committeemen or committeewomen of the two major political parties. If nominations are not submitted, inspectors may be appointed without regard to party affiliation. Municipalities may also appoint special registration deputies on a nonpartisan basis to register voters at polling places on election day. With limited exceptions, each inspector must be a resident of the area served by the polling place where the inspector is employed. Inspectors are public officers who serve for two-year terms and must file an oath of office. Inspectors must be compensated by the municipality where they serve.

Current law permits any qualified elector who for any reason is unable or unwilling to appear at his or her polling place to vote by absentee ballot. With certain limited exceptions, the elector must apply for and obtain an absentee ballot from the appropriate municipal clerk or board of election commissioners by 5 p.m. on the day before the election. The elector may cast the absentee ballot either by mail or in person at the office of the municipal clerk or board of election commissioners of the municipality where the elector resides. Current law also contains a special procedure that permits certain residents of nursing or retirement homes or community-based residential facilities to apply for and obtain an absentee ballot from special voting deputies who are appointed by the municipal clerk or board of election commissioners and who personally visit the home or facility. These electors give their absentee ballots directly to the special voting deputies, who then deliver the ballots to the municipal clerk or board of election commissioners.

With certain limited exceptions, this substitute amendment authorizes the municipal governing body of any municipality to designate any location as a temporary, satellite station for absentee voting by electors of the municipality. The location may be inside a building or outdoors and need not be contained in a room separated from other activities. The substitute amendment permits any qualified elector of a municipality to obtain and cast an absentee ballot at a satellite station regardless of where the elector resides within the municipality. A satellite station may be open for absentee voting at any time, but not earlier than the date on which official absentee ballots become available and not later than 5 p.m. on the day before the election. The substitute amendment also permits any elector to challenge for cause any absentee ballot that is cast at a satellite absentee voting station.

Under the substitute amendment, a satellite absentee voting station must be staffed by at least one special voting deputy who is appointed on a nonpartisan basis by the municipal clerk or board of election commissioners. The substitute amendment permits any qualified elector of the state to be appointed as a special voting deputy. The substitute amendment specifies certain minimum qualifications for the special voting deputy, such as knowledge of the English language. The municipal clerk or board of election commissioners must instruct the special voting deputy in his or her duties. The special voting deputy may be compensated at the option of the applicable municipality. The special voting deputy is required to supervise the proceedings at the satellite station to which he or she is assigned and to enforce certain election laws that apply to the satellite station. The special voting deputy is under the supervision of the municipal clerk or board of election commissioners. Under the substitute amendment, a special voting deputy is a public officer and must file an oath of office.

The substitute amendment also requires the municipal clerk or board of election commissioners to appoint at least one special registration deputy on a nonpartisan basis to staff each satellite station. The substitute amendment permits any qualified elector of the state to be appointed as a special registration deputy. The substitute amendment specifies certain minimum qualifications for the special registration deputy. The special voting deputy may be compensated at the option of the municipality. The substitute amendment permits an elector to register to vote at any satellite station at any time during which the station is open for absentee voting. With certain limited exceptions, the elector must follow the registration procedure that would otherwise apply to the elector under current law.

The substitute amendment requires each satellite station to meet current standards with regard to the accessibility of polling places and requires the posting of information at a satellite station that is generally the same as the information required to be posted at a polling place. However, whereas current law prohibits electioneering on public property within 100 feet of the entrance to a polling place, the substitute amendment generally prohibits electioneering in any building in which a satellite station is located at any time during which the satellite station is open; and if a satellite station is located outside of a building, the substitute amendment generally prohibits electioneering within 100 feet of the satellite station at any time during which the satellite station is open. The restrictions on electioneering do not apply on private property that is not owned or controlled by the same person as the property where the satellite station is located and do not apply to bumper stickers.

Absentee ballot canvassing procedure

Currently, each absentee ballot must be received at the polling place serving an elector's residence no later than 8 p.m. on election night for the ballot to be counted. The municipal clerk or board of election commissioners delivers all absentee ballots received by the clerk or board to the appropriate polling places. The inspectors (poll workers) canvass the absentee ballots, together with the other ballots, publicly on election day by marking the names of the absentee electors on the same poll list that is used to mark the names of the electors who vote in person. Any member of the public may observe the proceedings. Any elector may challenge for cause any absentee ballot that the elector knows or suspects is not cast by a qualified elector, whether the absentee ballot is cast in person at the office of a municipal clerk or board of election commissioners or the ballot is received in some other manner. Unless an absentee ballot is challenged or voted provisionally, it is not identifiable once it is counted except that an absentee ballot may be distinguished from another ballot because it carries the initials of the municipal clerk or executive director of the board of election commissioners or a designated deputy. The inspectors at each polling place announce the results of each election when the canvass is completed on election night. Each municipal canvass must be completed by 2 p.m. on the day after each election, and each county canvass must begin no later than 9 a.m. on the Thursday following an election.

This substitute amendment discontinues the canvassing of absentee ballots at polling places. Under the substitute amendment, each municipal board of canvassers must convene at one or more public meetings held no earlier than the seventh day after absentee ballots for an election are distributed and no later than 10 a.m. on the day after the election for the purpose of counting absentee ballots. Under the substitute amendment, the board of canvassers does not announce the results of its count until the canvass of all absentee ballots is completed on the day after an election. The substitute amendment provides for each municipal board of canvassers to conduct a cross-check of absentee ballots for any potential duplication by electors who also cast ballots in person. To accomplish the cross-check, each municipal board of canvassers numbers each absentee ballot as it is counted, and if the elector who casts the ballot also casts a ballot in person, the absentee ballot is not counted. To allow time for the separate canvass of the absentee ballots to be completed and to reconcile and merge the results with the canvasses conducted at polling places, the substitute amendment allows an additional 24 hours for municipal canvasses to be completed and for county canvasses to begin. The substitute amendment permits any elector to challenge for cause any absentee ballot, other than a ballot that is cast in person at the office of a municipal clerk or board of election commissioners or at a satellite absentee voting station.

Challenges of absentee ballots

Currently, an elector may challenge for cause the absentee ballot of any person whom the elector knows or suspects is not a qualified elector at the polling place where the absentee ballot is received. This substitute amendment permits any elector to challenge for cause the absentee ballot of any person whom the elector knows or suspects is not a qualified elector when the person casts an absentee ballot in person at the office of a municipal clerk or board of election commissioners. Under the substitute amendment, if a person casts an absentee ballot in person at the office of the municipal clerk or board of election commissioners or at a satellite absentee voting station, an elector who wishes to challenge the absentee ballot may do so only at the office of the municipal clerk or board of election commissioners or at the voting station where the absentee ballot is cast.

Voter registration with operator's license and identification card renewals

Under current law, every municipality with a population of more than 5,000 is required to maintain a voter registration list. Beginning with the 2006 spring primary election, every municipality will be required to maintain a voter registration list. With certain exceptions, the deadline for voter registration for an election is 5 p.m. on the second Wednesday preceding the election. Registrations before this deadline may be received at the office of the municipal clerk or board of election commissioners (by mail or in person), at the office of the register of deeds, and at other designated locations such as public high schools. Voters may also register in person at the office of the municipal clerk or board of election commissioners until 5 p.m. on the day before an election or, in most cases, may register at the proper polling place or other designated location on election day. In addition, voters may register for an election after the deadline if the municipal clerk or board of election commissioners determines that the registration list can be revised to incorporate the registrations in time for the election.

This substitute amendment directs the Department of Transportation (DOT) to include a voter registration application as part of each operator's license and identification card application and renewal application and to accept voter registration applications from any elector who applies for an operator's license or identification card or renewal of a license or card at any DOT office where applications for licenses or cards or renewals of licenses or cards are accepted. The substitute amendment also directs DOT to accept an application to update the registration information of any elector who has applied for or obtained an operator's license or identification card if the elector changes his or her name or residence within the state. The form of the registration application and update application is prescribed by the Elections Board, subject to certain requirements specified in the substitute amendment. Under the substitute amendment, DOT must provide the registration and update forms to applicants at state expense.

The substitute amendment directs each municipal clerk and board of election commissioners to appoint each employee of DOT who accepts applications for operators' licenses or identification cards or renewals of licenses or cards as a special registration deputy. The substitute amendment directs DOT employees who serve as deputies to forward completed voter registration applications and update forms to the Elections Board. The board then adds the names of qualified electors who submit properly completed forms to the registration list or updates registration information on the list, as appropriate. Under the substitute amendment, if a registration or update is filed at an office of DOT, the form or update must be filed no later than the second Wednesday before an election to become effective for that election.

Prevention of voting by ineligible felons

Currently, any person who is convicted of a felony is not eligible to vote. However, if the person is pardoned or the person completes his or her sentence, the person's voting rights are restored. A person who is on probation, parole, or extended supervision has not completed his or her sentence. Under current law, there is no procedure that election officials must use to identify felons who are ineligible to vote and to prevent them from voting.

This substitute amendment directs the Department of Corrections (DOC) to transmit electronically to the Elections Board, on a continuous basis, a list containing the names of each person who has been convicted of a felony under the laws of this state and whose voting rights have not been restored, together with the date on which DOC expects his or her voting rights to be restored. (The voting rights of a convicted felon are restored if the felon is pardoned or if the felon is released from incarceration and is not on parole, probation or extended supervision.) The substitute amendment directs the board to enter the information received from DOC on the statewide voter registration list and to maintain the information on that list so that the information is kept current. Under the substitute amendment, the information is open to public inspection. The substitute amendment also directs the board to enter on the poll list prepared for each election a notation after the name of any elector who is ineligible to vote on that date because the person's name appears on the current list that DOC provides. In addition, the substitute amendment directs the board to provide for each polling place at each election a list of persons whose names do not appear on the registration list but whose names appear on the current list that DOC provides and whose addresses are located within the area served by the polling place. These lists are open to public inspection. The substitute amendment requires poll workers to check the lists and to inform any person whose names appear on the lists that they are ineligible to register to vote or to vote. A person whose name appears on a list and who claims to be eligible to vote may still be allowed to vote, but the person must vote by ballot. The ballot is marked for later examination and it may be reviewed and discounted during a canvass or recount if the appropriate board of canvassers determines that the person who cast the ballot is ineligible to vote.

The substitute amendment also requires every person who registers to vote, to affirm specifically that he or she has not been convicted of a felony for which he or she has not been pardoned and, if so, whether the person is incarcerated or on probation, parole, or extended supervision resulting from that conviction. Currently, the law requires a person who registers at a polling place only to affirm that he or she is not disqualified on any ground from voting, and does not require any similar affirmation from other late registrants.

In addition, the substitute amendment directs the Elections Board to conduct a postelection audit after each election to determine whether any ineligible felons have been allowed to register and vote after the close of registration. If so, the board is directed to enter a notation reflecting this ineligibility on the registration list and to provide the names of these felons to the district attorney.

Thirty-minute maximum waiting time

This substitute amendment directs municipalities to implement procedures to attempt to ensure that no elector who appears to vote at a polling place for any election is required to wait more than 30 minutes before being permitted to vote. Currently, there is no similar requirement.

Postelection performance reviews

This substitute amendment directs each municipal clerk and board of election commissioners of each municipality to conduct a postelection performance review following each election that is held in the municipality. The review must include an analysis of whether all relevant laws were complied with, an assessment of whether the municipality achieved its goal to ensure a maximum waiting time of 30 minutes at polling places and if not, how the goal can be achieved at the next comparable election, and any steps that the municipality must take to improve the administration of the next election in the municipality. Currently, there is no such requirement.

Election day plans

This substitute amendment directs each municipal governing body to adopt a plan for the administration of each election in the municipality. The plan must be adopted at least 42 days before each regularly scheduled election, including each primary, and at least 21 days before each special election. The plan must be prepared with the advice of the Elections Board and must be submitted to the governing body in proposed form by the municipal clerk or board of election commissioners. The plan must include six elements: 1) procedures for preelection education of voters concerning voting eligibility and voting procedures; 2) methods to be used to ensure adequate staffing for preelection and election day activities; 3) measures that the municipality will use to ensure the orderly and efficient flow of voters at each polling place; 4) contingency plans to manage any voter turnout that is significantly higher than anticipated; 5) management controls that the municipality will use to ensure accountable and orderly processes at the election; and 6) specific procedures that the municipality will use to conduct the postelection reviews required by the substitute amendment.

Election officials

Currently, there must be at least three inspectors (poll workers) at each polling place. Municipalities may increase that number and may appoint special registration deputies on a nonpartisan basis to register voters at polling places on election day. Inspectors must be appointed from lists containing the names of eligible electors submitted by party committeemen and committeewomen. If no names or insufficient names are submitted, inspectors are appointed on a nonpartisan basis. Certain high school pupils may also be appointed to serve as inspectors. The party whose candidate for president or governor received the most votes in the area served by the polling place at the most recent general election is entitled to one more appointment than the other party. Alternate officials must also be appointed in a sufficient number to maintain adequate staffing.

This substitute amendment provides that each municipality shall at the general election and may at other elections appoint an additional inspector on a nonpartisan basis who serves as a greeter and substitutes for other inspectors who must leave the voting room temporarily. Under the substitute amendment, the additional inspector is not entitled to participate in the canvassing process. In addition, the substitute amendment requires each municipality to appoint at least one alternate inspector to serve at each election at each polling place in the municipality.

Compensation for obtaining voter registrations

Under current law, a municipal clerk or board of election commissioners or the Elections Board may appoint special registration deputies who may register electors prior to the close of registration for any election. Any other person may also obtain voter registration forms and may solicit registrations and return completed forms to a municipal clerk, board of election commissioners, or the Elections Board.

This substitute amendment prohibits any person from compensating any other person, for obtaining voter registrations, at a rate that varies in relation to the number of voter registrations obtained by the person. Violators are guilty of a misdemeanor and are subject to a fine of not more than $1,000 or imprisonment for not more than six months, or both, for each offense.

Training of poll workers and special registration deputies

Currently, the Elections Board conducts training programs for chief inspectors (chief officials at polling places). No person may serve as a chief inspector who has not been certified by the Elections Board as having met the requirements prescribed by the board for certification. The Elections Board must also prescribe requirements for maintaining certification. The Elections Board may also conduct training programs for other election officials. Municipal clerks and boards of election commissioners are required to train all election officials, and municipalities may require applicants for election official positions to take examinations. Currently, the Elections Board and municipal clerks and boards of election commissioners may appoint special registration deputies who obtain voter registrations from electors prior to the close of registration (the second Wednesday before an election). Currently, municipal clerks and boards of election commissionaires may appoint special voting deputies to conduct voting at nursing homes and certain retirement homes and community-based residential facilities. This substitute amendment also provides for the appointment of special registration deputies and special voting deputies to serve at satellite absentee voting stations (see above). Currently, the clerks and boards of election commissioners must train the deputies in accordance with rules prescribed by the Elections Board.

This substitute amendment requires the Elections Board to train all poll workers as well as special registration deputies and special voting deputies. As a part of the training, the substitute amendment requires the board to produce and conduct regular training programs and, specifically, to produce and periodically update a video program and make the program available electronically through an Internet-based system. The substitute amendment provides that no person may serve as a poll worker, special registration deputy, or special voting deputy unless that person is certified by the board as having met the training requirements prescribed by the board for certification. The substitute amendment also directs the board to prescribe requirements for maintaining certification. All requirements must be structured to enable a qualified individual to obtain or maintain certification solely by viewing the current applicable video training program produced by the board. The cost of training provided by the state is paid by the state (with the use of federal funds if available). Municipalities are required to compensate election officials other than special registration deputies and special voting deputies for attendance at training sessions.

Registration form format

Currently, the Elections Board prescribes the content of voter registration forms in accordance with statutory requirements. The forms must be printed on loose-leaf sheets or cards. This substitute amendment provides that the forms must be printed on cards and directs the board to prescribe the format, size, and shape of the forms. The substitute amendment also requires each item of information on the forms to be displayed in uniform font size, as prescribed by the board.

Public access to birth date information

Currently, beginning with registration for voting at the 2006 spring primary election, registration is required in all municipalities for all electors except military electors, as defined by law. The registration list consists of certain information relating to registered or formerly registered electors specified by law. Certain items of information on the list may be publicly inspected or accessed electronically. Other items of information, including an elector's date of birth, may only be viewed or accessed by employees of the Elections Board and county and municipal clerks and boards of election commissioners or their employees.

This substitute amendment provides that an individual who appears in person at the office of the municipal clerk or board of election commissioners of a municipality may examine information relating to the date of birth of any registered or formerly registered elector of the state, as shown on the registration list, upon presentation of a current, valid identification card issued by a governmental unit or other proof of residence that is acceptable for voter registration purposes. Under the substitute amendment, an individual who examines this information may receive a copy of the information or any other information on the registration list to which access is permitted under current law. The substitute amendment directs the clerk or board of election commissioners to record the name of any individual who requests to examine information under the substitute amendment, together with the type of identification presented by the individual and any unique number shown on the face of the identification. Under the substitute amendment, no person who obtains birth date information from a registration list may use the information for commercial purposes or post the information on the Internet. Violators are guilty of a felony and may be fined not more than $10,000 or imprisoned for not more than three years and six months or both.

Posting of polling place information