Amendment SSA1-SB640

Prosecution of civil prohibited practice offenses

Currently, with limited exceptions, prosecutions of prohibited election practice offenses are conducted by the appropriate district attorney, or in certain cases, by the attorney general. Most of these offenses are criminal, but a few of them are civil offenses. This substitute amendment provides that, with limited exceptions, prosecutions of civil prohibited election practice offenses, including the one created by this substitute amendment (see Voter intimidation, suppression, and protection, above), may be prosecuted either by GAB or by the appropriate district attorney.

Challenging the ballots of electors at polling places

Currently, any elector may challenge for cause the right of any other elector to vote at a polling place if the challenger knows or suspects that the challenged elector is not a qualified elector. The inspectors of election (poll workers) must then administer oaths to both the challenger and the challenged elector concerning the challenged elector's qualifications. If the inspectors receive the ballot of any elector who has been challenged, they must mark the ballot with the elector's serial number. If canvassing an election, a board of canvassers may review and decide any challenge and may count or reject a challenged ballot accordingly. If a petition for a recount is filed, the board of canvassers may again review and decide whether a challenged ballot is cast by a qualified elector and may count or reject the ballot accordingly. An elector may also challenge the ballot of an absent elector before the inspectors at a polling place or before a board of absentee ballot canvassers in municipalities where absentee ballots are not canvassed at polling places. The challenged elector need not be present when the challenge is made.

This substitute amendment provides that only an elector who resides in the same county as the one in which a challenged elector resides may challenge the ballot of that elector and, if the challenged elector is an elector of a first class city, only an elector who resides in the same aldermanic district as the one in which the challenged elector resides may challenge the ballot of that elector. The substitute amendment, however, permits a district attorney to challenge the ballot of any elector within the prosecutorial district served by the district attorney. The substitute amendment directs the inspectors or board of absentee ballot canvassers to require the challenging elector to provide proof of residence, as defined by law, when making a challenge.

Withholding of voluntarily provided elector information

Currently, GAB and municipal clerks must provide public access to information in their records unless otherwise provided by law or unless the custodian demonstrates that the public interest in withholding public access outweighs the strong public interest in providing that access. This substitute amendment provides that whenever GAB or a county or municipal clerk or board of election commissioners has the telephone number, facsimile transmission number, or electronic mail address of an elector that is voluntarily provided by the elector to GAB or to the clerk or board, GAB and the clerk and board are prohibited from providing access to that information except to election officials and employees to be used for the administration of elections.

Automatic tabulating equipment testing

Currently, if a municipality uses an electronic voting system at an election that employs automatic tabulating equipment, the municipal clerk or board of election commissioners must conduct a public test not more 10 days before the election to ensure that the equipment correctly counts votes. This substitute amendment permits the test to be conducted at any time after ballots become available prior to the date of the election.

Proof of residence

Currently, an elector must provide proof of residence in a form specified by law for various registration and voting purposes. The purposes include voter registration after the close of registration for an election (5 p.m. on the 20th day before the election) and voting for the first time in this state after registering by mail. In order for a specified form of proof to be valid, the proof must contain the current and complete name of the elector and the elector's current and complete address. However, if a student at a university, college, or technical college presents a fee or identification card, and the university, college, or technical college provides a current list of students residing in housing sponsored by the university, college, or technical college to a municipal clerk, and the municipal clerk, special registration deputy, or inspector (poll worker) verifies that the name of the student presenting a card appears on the list, the card need not contain the required information in order to be valid.

This substitute amendment provides that if an elector registers to vote at the office of the municipal clerk or board of election commissioners or an alternate absentee voting site when voting an absentee ballot in person (beginning on the 21st day before an election), the elector must provide proof of residence even if registration for that election has not closed when the elector registers to vote.

The substitute amendment also provides that a municipal clerk, special registration deputy, or inspector must accept a university, college, or technical college fee or identification card presented by a student as proof of residence for registration or voting at an election if the student's university, college, or technical college has provided to the municipal clerk a current list of students residing in housing sponsored by the university, college, or technical college and the student's name appears on the list.

Review of encumbrances and expenditures by Joint Committee on Finance

Currently, the the legislature has made appropriations to the GAB for the operation of the board in the current fiscal biennium. This substitute amendment does not change these appropriations. However, the substitute amendment provides that before GAB may encumber or expend any amount of money to implement or administer any provision of the act resulting from enactment of this substitute amendment, GAB's legal counsel must first notify the cochairpersons of the Joint Committee on Finance of the proposed encumbrance or expenditure. The proposed encumbrance or expenditure is then subject to approval of or modification by the committee, but the committee may waive its right to review any proposed encumbrance or expenditure.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB640-SSA1, s. 1 Section 1. 5.05 (1) (e) of the statutes is amended to read:

SB640-SSA1,16,11 5.05 (1) (e) Delegate to its legal counsel the authority to intervene in a civil action or proceeding under sub. (9), issue an order under s. 5.06, exempt a polling place from accessibility requirements under s. 5.25 (4) (a), permit a municipality to provide notices required at polling places by alternative means under s. 5.35 (6) (d), exempt a municipality from the requirement to use voting machines or an electronic voting system under s. 5.40 (5m), approve an electronic data recording system for maintaining poll lists under s. 6.79, or authorize nonappointment of an individual who is nominated to serve as an election official under s. 7.30 (4) (e), or review and investigate complaints received under s. 12.17 (4) and order corrective measures under s. 12.17 (5), subject to such limitations as the board deems appropriate.

SB640-SSA1, s. 2 Section 2. 5.05 (1) (f) of the statutes is amended to read:

SB640-SSA1,17,2 5.05 (1) (f) Promulgate rules under ch. 227 applicable to all jurisdictions for the purpose of interpreting or implementing the laws regulating the conduct of elections or election campaigns or ensuring their proper administration, and shall promulgate rules to enforce ss. 5.25 (4) (b), 5.34, 5.35 (6) (a) 4c., 12.09, and 12.19 and rules concerning the methods and means of providing corrective information to electors under s. 12.17 (5).

SB640-SSA1, s. 3 Section 3. 5.05 (13) (title) of the statutes is amended to read:

SB640-SSA1,17,4 5.05 (13) (title) Toll-free election information exchange and requests.

SB640-SSA1, s. 4 Section 4. 5.05 (13) (c) and (d) of the statutes are created to read:

SB640-SSA1,17,9 5.05 (13) (c) The board shall maintain a freely accessible system under which a military elector or an overseas elector, as defined in s. 6.34 (1), who casts an absentee ballot may ascertain whether the ballot has been received by the appropriate municipal clerk.

SB640-SSA1,17,11 (d) The board shall designate and maintain at least one freely accessible means of electronic communication which shall be used for the following purposes:

SB640-SSA1,17,14 1. To permit a military elector or an overseas elector, as defined in s. 6.34 (1), to request a voter registration application or an application for an absentee ballot at any election at which the elector is qualified to vote in this state.

SB640-SSA1,17,17 2. To permit a military elector or an overseas elector under subd. 1. to designate whether the elector wishes to receive the applications under subd. 1. electronically or by mail.

SB640-SSA1,17,21 3. To permit a municipal clerk to transmit to a military elector or an overseas elector under subd. 1. a registration application or absentee ballot application electronically or by mail, as directed by the elector under subd. 2., together with related voting, balloting, and election information.

SB640-SSA1, s. 5 Section 5. 5.05 (16) of the statutes is created to read:

SB640-SSA1,18,2 5.05 (16) Interagency agreements. The board may enter into an agreement with any agency, as defined in s. 16.70 (1e), to enable electronic matching of publicly available information in the records of the agency with records of the board to facilitate administration of elector registration by the board under s. 6.256 (1).

SB640-SSA1, s. 6 Section 6. 5.05 (17) of the statutes is created to read:

SB640-SSA1,18,12 5.05 (17) Agreements with certain nonprofit organizations. The board may enter into an agreement with any nationally focused nonprofit organization to enable matching of information in the records of that organization with with publicly available information in the records of the board to facilitate administration of elector registration by the board under s. 6.256 (1). Notwithstanding ss. 6.256 (12) and 6.36 (1) (b) 1. a., the agreement may also enable matching of information in the records of the board that the board obtained from the department of transportation. The agreement shall require nondisclosure of any information obtained by the board from the department of transportation.

SB640-SSA1, s. 7 Section 7. 5.056 of the statutes is amended to read:

SB640-SSA1,18,22 5.056 Matching program with secretary of transportation. The administrator of the elections division of the board shall enter into the agreement with the secretary of transportation specified under s. 85.61 (1) to match personally identifiable information on the official registration list maintained by the board under s. 6.36 (1), the information specified in s. 6.34 (2m) and (2n), and other information specified in s. 6.256 (2) with personally identifiable information maintained by the department of transportation. Subject to s. 343.14 (2p) (b), the agreement shall provide for the electronic transfer of information under s. 6.256 (2) to the board on a continuous basis, no less often than monthly.

SB640-SSA1, s. 8 Section 8. 5.06 (2) of the statutes is amended to read:

SB640-SSA1,19,7 5.06 (2) No Except as authorized in ss. 5.07 (2) and 12.17 (3), no person who is authorized to file a complaint under sub. (1), other than the attorney general or a district attorney, may commence an action or proceeding to test the validity of any decision, action or failure to act on the part of any election official with respect to any matter specified in sub. (1) without first filing a complaint under sub. (1), nor prior to disposition of the complaint by the board. A complaint is deemed disposed of if the board fails to transmit an acknowledgment of receipt of the complaint within 5 business days from the date of its receipt or if the board concludes its investigation without a formal decision.

SB640-SSA1, s. 9 Section 9. 5.07 of the statutes is renumbered 5.07 (1).

SB640-SSA1, s. 10 Section 10. 5.07 (2) of the statutes is created to read:

SB640-SSA1,19,16 5.07 (2) Whenever a violation of s. 5.25 (4) (b), 5.34 (1) to (6), 5.35 (6) (a) 4c., 7.08 (3), 12.09, or 12.19 occurs or is proposed to occur, any elector of this state may sue for injunctive relief, a writ of mandamus or prohibition, or such other legal or equitable relief as may be appropriate to compel compliance with the law. The action shall be filed in circuit court for the county where the violation occurs or is proposed to occur. In such actions, the court shall award costs and reasonable actual attorney fees to the plaintiff if the plaintiff prevails in the action.

SB640-SSA1, s. 11 Section 11. 5.25 (4) (b) of the statutes is amended to read:

SB640-SSA1,19,22 5.25 (4) (b) In any jurisdiction that is subject to the requirement under 42 USC 1973aa-1a to provide voting materials in any a language other than English, the board shall, for each such language, ensure that the notices specified in s. 5.35 (6) are given in that language and the voting system used at each polling place in that jurisdiction is in compliance with 42 USC 1973aa-1a.

SB640-SSA1, s. 12 Section 12. 5.25 (4) (c) of the statutes is created to read:

SB640-SSA1,20,6 5.25 (4) (c) In any jurisdiction that is subject to the requirement under 42 USC 1973aa-1a to provide voting materials in a language other than English, the municipal clerk or board of election commissioners shall, for each such language, contact and coordinate with organizations that advocate for the rights of individuals who speak that language to ensure that each polling place in the jurisdiction adequately serves the needs of those individuals and shall endeavor to ensure that at least one of the election officials who serves at each polling place in the jurisdiction speaks that language.

SB640-SSA1, s. 13 Section 13. 5.34 of the statutes is created to read:

SB640-SSA1,20,8 5.34 Voter's bill of rights. Every qualified elector has the right to:

SB640-SSA1,20,9 (1) Inspect a sample ballot before voting.

SB640-SSA1,20,10 (2) Cast a ballot if he or she is in line when his or her polling place closes.

SB640-SSA1,20,13 (3) Ask for and receive assistance in voting, including assistance in a language other than English if the elector resides in a jurisdiction where voting materials must be provided in that language under 42 USC 1073aa-1a.

SB640-SSA1,20,15 (4) Receive a replacement ballot, up to 3 ballots in all, if he or she spoils a ballot before casting that ballot.

SB640-SSA1,20,16 (5) Cast a provisional ballot whenever permitted under s. 6.96 or 6.97.

SB640-SSA1,20,18 (6) Vote free from coercion or intimidation by any election official or other person.

SB640-SSA1,20,20 (7) Cast a ballot using voting materials or equipment that enables the elector's ballot to be counted accurately.

SB640-SSA1, s. 14 Section 14. 5.35 (6) (a) (intro.) of the statutes is amended to read:

SB640-SSA1,20,25 5.35 (6) (a) (intro.) At Except as authorized under par. (d), at each polling place in the state, the municipal clerk or board of election commissioners shall post the following materials, positioned so that they may be readily observed by electors entering the polling place or waiting in line to vote:

SB640-SSA1, s. 15 Section 15. 5.35 (6) (a) 4c. of the statutes is created to read:

SB640-SSA1,21,2 5.35 (6) (a) 4c. A copy of the voter's bill of rights under s. 5.34.

SB640-SSA1, s. 16 Section 16. 5.35 (6) (a) 5. of the statutes is amended to read:

SB640-SSA1,21,5 5.35 (6) (a) 5. Any other voting information directed to be posted by the board to be posted, or noticed under par. (d).

SB640-SSA1, s. 17 Section 17. 5.35 (6) (b) of the statutes is amended to read:

SB640-SSA1,21,18 5.35 (6) (b) At Except as authorized under par. (d), at each polling place in the state where a consolidated ballot under s. 5.655 is used or an electronic voting system is utilized at a partisan primary election incorporating a ballot upon which electors may mark votes for candidates of more than one recognized political party or for candidates of a recognized political party and independent candidates, the municipal clerk or board of election commissioners shall prominently post a sign in the form prescribed by the board warning electors in substance that on any ballot with votes cast for candidates of more than one recognized political party or any ballot with votes cast for candidates of a recognized political party and independent candidates, no votes cast for any candidates for partisan office will be counted unless a preference for a party or for the independent candidates is made. If the elector designates a preference, only votes cast for candidates of that preference will be counted.

SB640-SSA1, s. 18 Section 18. 5.35 (6) (c) of the statutes is amended to read:

SB640-SSA1,21,25 5.35 (6) (c) At Except as authorized in par. (d), at each polling place located in a municipality that is served by more than one polling place for an election, the municipal clerk or board of election commissioners shall prominently post a map of the geographic area served by the polling place for that election. The posting shall clearly show the boundaries of the ward or wards served by the polling place for that election.

SB640-SSA1, s. 19 Section 19. 5.35 (6) (d) of the statutes is created to read:

SB640-SSA1,22,8 5.35 (6) (d) As an alternative to any posting requirement under this subsection, the board may authorize another means of providing notice to affected electors of the information specified in this subsection if the board determines that an alternative means of providing the information will provide notice to affected electors of that information that is at least as effective as posting. Any authorization under this paragraph shall be in writing and shall specify the particular alternative means of notification of electors that may be used by a municipality.

SB640-SSA1, s. 20 Section 20. 5.68 (8) of the statutes is created to read:

SB640-SSA1,22,22 5.68 (8) Any municipality that incurs postage costs for mailing and return of absentee ballots for electors who request under s. 6.86 (2m) that they be sent absentee ballots for multiple elections may file a claim with the board for reimbursement of those costs. The claim shall be accompanied by appropriate substantiation of all postage costs incurred. The board shall audit the claim and, if the board finds that the costs have been incurred by the municipality, and the costs would not have been incurred but for the requirement under s. 6.86 (2m) for municipalities to pay for the mailing and return of absentee ballots for electors who request that they be sent absentee ballots for multiple elections, the board shall reimburse the municipality for those postal costs. No claim is payable under this subsection unless the claim is filed with the board, together with appropriate substantiation, within 60 days following the date of the election at which the costs were incurred.

SB640-SSA1, s. 21 Section 21. 5.84 (1) of the statutes is amended to read:

SB640-SSA1,23,17 5.84 (1) Where any municipality employs an electronic voting system which utilizes automatic tabulating equipment, either at the polling place or at a central counting location, the municipal clerk shall, on any day not more than 10 days after ballots become available prior to the date of the election day on at which the equipment is to be utilized, have the equipment tested to ascertain that it will correctly count the votes cast for all offices and on all measures. Public notice of the time and place of the test shall be given by the clerk at least 48 hours prior to the test by publication of a class 1 notice under ch. 985 in one or more newspapers published within the municipality if a newspaper is published therein, otherwise in a newspaper of general circulation therein. The test shall be open to the public. The test shall be conducted by processing a preaudited group of ballots so marked as to record a predetermined number of valid votes for each candidate and on each referendum. The test shall include for each office one or more ballots which have votes in excess of the number allowed by law and, for a partisan primary election, one or more ballots which have votes cast for candidates of more than one recognized political party, in order to test the ability of the automatic tabulating equipment to reject such votes. If any error is detected, the municipal clerk shall ascertain the cause and correct the error. The clerk shall make an errorless count before the automatic tabulating equipment is approved by the clerk for use in the election.

SB640-SSA1, s. 22 Section 22. 6.22 (2) (e) of the statutes is created to read:

SB640-SSA1,23,24 6.22 (2) (e) A military elector may file an application for an absentee ballot by means of electronic mail or facsimile transmission in the manner prescribed in s. 6.86 (1) (ac). Upon receipt of a valid application, the municipal clerk shall send the elector an absentee ballot or, if the elector so requests, shall transmit an absentee ballot to the elector by means of electronic mail or facsimile transmission in the manner prescribed in s. 6.87 (3) (d).

SB640-SSA1, s. 23 Section 23. 6.22 (4) (a) of the statutes is amended to read:

SB640-SSA1,24,7 6.22 (4) (a) A request for an absentee ballot by an individual who qualifies as a military elector shall be treated as a request for an absentee ballot for all elections unless the individual otherwise requests. Upon receiving a timely request for an absentee ballot under par. (b) by an individual who qualifies as a military elector, the municipal clerk shall send or transmit to the elector an absentee ballot for all elections that occur in the municipality or portion thereof where the elector resides beginning on the date that the clerk receives the request.

SB640-SSA1, s. 24 Section 24. 6.22 (4) (e) of the statutes is amended to read:

SB640-SSA1,24,19 6.22 (4) (e) Whenever the material is mailed, the material shall be prepared and mailed to make use of the federal free postage laws. If the material does not qualify for mailing without postage under federal free postage laws, the municipal clerk shall pay the postage required for mailing to the military elector. If the return envelope qualifies for mailing free of postage under federal free postage laws, the clerk shall affix the appropriate legend required by U.S. postal regulations. Otherwise the municipal clerk shall pay the postage required for return when the ballot is mailed from within the United States. If the ballot is not mailed by the military elector from within the United States the military elector shall provide return postage. The mailing list established under this subsection shall be kept current in the same manner as provided in s. 6.86 (2) (b).

SB640-SSA1, s. 25 Section 25. 6.22 (6) of the statutes is amended to read:

SB640-SSA1,25,7 6.22 (6) Military elector list. Each municipal clerk shall keep an up-to-date list of all eligible military electors who reside in the municipality ; city clerks shall keep the lists by wards in the format prescribed by the board. The list shall contain the name, latest-known military residence and military mailing address of each military elector. The list shall indicate whether each elector whose name appears on the list is a military elector, as defined in s. 6.36 (2) (c) 6.34 (1), and has so certified under s. 6.865 (3m). All persons over 18 years of age or who will be 18 years old prior to an election shall be listed and remain on the list for the duration of their tour of duty. The list shall be kept current through all possible means. Each clerk shall exercise reasonable care to avoid duplication of names or listing anyone who is not eligible to vote. Each clerk shall distribute 2 copies of one copy of the list to the appropriate ward each polling place in the municipality for use on election day.

SB640-SSA1, s. 26 Section 26. 6.221 (1) of the statutes is amended to read:

SB640-SSA1,25,10 6.221 (1) In this section, "military elector" has the meaning given in s. 6.36 (2) (c) 6.34 (1) and active duty status for any election is determined as of election day.

SB640-SSA1, s. 27 Section 27. 6.221 (3) (b) of the statutes is amended to read:

SB640-SSA1,25,17 6.221 (3) (b) At the general election, the presidential preference primary, or a special election for national office, a ballot that is cast under s. 6.22 by an elector who is a military elector, that is received by mail from the U.S. postal service, and that is postmarked no later than election day shall be counted as provided in this section if it is received by a municipal clerk no later than 5 p.m. on the 10th day after the election.

SB640-SSA1, s. 28 Section 28. 6.24 (3) of the statutes is amended to read:

SB640-SSA1,25,24 6.24 (3) Registration. The overseas elector shall register in the municipality where he or she was last domiciled or where the overseas elector's parent was last domiciled on a form prescribed by the board designed to ascertain the elector's qualifications under this section. The form shall be substantially similar to the original form under s. 6.33 (1), insofar as applicable. Registration shall be accomplished in accordance with s. 6.30 (4) or (5).

SB640-SSA1, s. 29 Section 29. 6.24 (4) (c) of the statutes is amended to read:

SB640-SSA1,26,22 6.24 (4) (c) Upon receipt of a timely application from an individual who qualifies as an overseas elector and who has registered to vote in a municipality under sub. (3), the municipal clerk of the municipality shall send an absentee ballot to the individual for all subsequent elections for national office to be held during the year in which the ballot is requested and the subsequent calendar year except as otherwise provided in this paragraph, unless the individual otherwise requests or until the individual no longer qualifies as an overseas elector. of the municipality. The clerk shall not send an absentee ballot for an election if the overseas elector's name appeared on the registration list in eligible status for a previous election following the date of the application but no longer appears on the list in eligible status. The municipal clerk shall ensure that the envelope containing the absentee ballot is clearly marked as not forwardable. If an overseas elector who files an application under this subsection no longer resides at the same address that is indicated on the application form, the elector shall so notify the municipal clerk. The municipal clerk shall discontinue mailing absentee ballots to an overseas elector under this subsection if the elector fails to return any absentee ballot mailed to the elector. The municipal clerk shall notify the elector of any such action not taken at the elector's request within 5 days, if possible. An overseas elector who fails to cast an absentee ballot but who remains qualified to receive absentee ballots under this subsection may then receive absentee ballots for subsequent elections by notifying the municipal clerk that the elector wishes to continue receiving absentee ballots for subsequent elections.

SB640-SSA1, s. 30 Section 30. 6.24 (4) (e) of the statutes is created to read:

SB640-SSA1,27,4 6.24 (4) (e) An overseas elector may file an application for an absentee ballot by means of electronic mail or facsimile transmission in the manner prescribed in s. 6.86 (1) (ac). Upon receipt of a valid application, the municipal clerk shall send the elector an absentee ballot or, if the elector so requests, shall transmit an absentee ballot to the elector by means of electronic mail or facsimile transmission in the manner prescribed in s. 6.87 (3) (d).

SB640-SSA1, s. 31 Section 31. 6.25 (1) of the statutes is amended to read:

SB640-SSA1,27,15 6.25 (1) Any individual who qualifies as a military elector under s. 6.22 (1) (b) or an overseas elector under s. 6.24 (1) and who transmits an application for an official absentee ballot for a general election an election for national office, including a primary election, no later than 30 days before election day the latest time specified for the elector in s. 6.86 (1) (b) may, in lieu of the official ballot, cast a federal write-in absentee ballot prescribed under 42 USC 1973ff-2 for any candidate or for all of the candidates of any recognized political party for national office listed on the official ballot at the general that election if the federal write-in absentee ballot is received by the appropriate municipal clerk no later than the applicable time prescribed in s. 6.221 (3) or 6.87 (6).