AB701: Bill Text

LRB-4307/1

JTK&RJM:cmh:kjf

1999 - 2000 LEGISLATURE

1999 Assembly BILL 701

February 1, 2000 - Introduced by Committee on Campaigns and Elections. Referred to Committee on Campaigns and Elections.

AB701,2,3 An Act to repeal 11.06 (3) (b) and 11.06 (3r); to renumber and amend 6.36 (2), 6.46 and 11.50 (9); to amend 5.55 (intro.), 6.28 (1), 6.33 (1), 6.35 (1) (intro.), 6.40 (2) (b), 6.45, 6.55 (2) (a), 6.79 (1) to (3), 6.79 (5), 6.87 (2), 6.87 (5), 6.88 (3) (a), 7.08 (1) (c), 7.39 (5), 7.51 (1), 7.53 (2) (a), 8.35 (4) (b) to (d), 9.01 (1) (a), 9.01 (1) (ag) 1., 9.01 (1) (ag) 2., 9.01 (1) (ag) 3., 9.01 (1) (ar) 3., 9.01 (1) (b) 11., 11.01 (11), 11.05 (2r), 11.05 (7), 11.06 (1) (intro.), 11.06 (1) (h), 11.06 (4) (b), 11.12 (4), 11.14 (3), 11.20 (10) (a), 11.21 (15), 11.26 (2) (a), 11.26 (9) (a), 11.26 (9) (b), 11.31 (1) (a), 11.31 (1) (b), 11.31 (1) (c), 11.31 (1) (d), 11.31 (1) (e) and (f), 11.31 (2), 11.31 (3), 11.31 (3m), 11.31 (4), 11.50 (2) (a), 11.50 (2) (b) 5., 11.50 (2) (g), 11.50 (2) (i), 11.50 (8), 11.50 (10m) (title), 11.50 (11) (d), 11.61 (1) (b), 12.60 (1) (a), 12.60 (1) (b) and 60.11 (7); and to create 6.35 (1m), 6.36 (2) (b), 6.36 (4), 6.47, 6.55 (2) (cm), 6.79 (6), 6.87 (6m), 7.41 (4), 9.01 (1) (ad), 9.01 (1) (ag) 1m., 9.01 (1) (ag) 3m., 9.01 (1) (b) 12., 11.05 (3) (q), 11.05 (7m), 11.06 (3x), 11.21 (18), 11.25 (2) (ap), 11.26 (8m), 11.31 (1) (cm), 11.31 (9), 11.395, 11.50 (2) (b) 3m., 11.50 (9) (a) and (b), 11.60 (3r), 12.13 (2) (b) 8. and 12.13 (3) (zm) and (zn) of the statutes; relating to: various changes in the election laws; granting rule-making authority; and providing penalties.

Analysis by the Legislative Reference Bureau

This bill makes various changes in election laws. Significant provisions include:

I. REGISTRATION AND VOTER PARTICIPATION

Confidential listings on poll and registration lists

Currently, the names and addresses of all electors who vote, and in municipalities where registration is required, the names of electors who register to vote, are publicly accessible. Electors must orally disclose their names and addresses at polling places, which are recorded on poll and registration lists. Polling place observers may inspect the lists of names and addresses of registered and actual voters.

This bill permits certain electors to vote or register to vote confidentially. To be eligible for a confidential listing, an elector must have been granted by a court a protective order that is currently in effect restraining another person from having or causing contact with the elector for reasons relating to domestic abuse; the elector must reside in an organized shelter for persons whose personal security is or may be threatened by other persons with whom the residents have had contact; or the elector must present the affidavit of a sheriff or chief of a police department verifying that a person has been charged with or convicted of an offense relating to domestic abuse in which the elector was a victim and that the elector reasonably continues to be threatened by that person. Under the bill, an "offense relating to domestic abuse" includes sexual assault, battery, stalking, harassment or sexual exploitation. A confidential listing expires when a protective order expires, when an individual ceases to be a resident of a shelter, when the sheriff or chief of a police department who signed an affidavit notifies a municipal clerk that a judgment in a domestic abuse case has been vacated or that a domestic abuse charge has been dropped, or upon expiration of the two-year period following creation of the listing, whichever first occurs. A listing may be renewed in the same manner as provided for creation of an original listing.

Under the bill, a municipal clerk must still provide access to a confidential name and address to a law enforcement officer for official purposes; to a state or local governmental officer pursuant to a specific law that necessitates obtaining the name or address; pursuant to a court order citing a reason that access to a name or address should be provided; to a clerk of circuit court for purposes of jury selection; or at the request of the protected elector for the purpose of permitting the elector to qualify as a signer on certain petitions.

The bill directs municipal clerks to issue to each elector who is entitled to a confidential listing an identification card containing a unique number issued by the elections board, which may be presented to election inspectors (poll workers) in lieu of providing a name and address. Alternatively, the bill permits an elector where registration is required to give his or her name and identification card number in lieu of an address.

Currently, voters may register at polling places, high schools and various other locations. Under this bill, an elector who wishes to obtain a confidential listing must register at the office of the clerk of the municipality where the elector resides.

The bill provides that polling place observers may not view the name or address of any elector who is entitled to be listed on a poll or registration list confidentially. However, the inspectors must disclose to any observer, upon request, the existence of any confidential list of electors, the number of electors whose names appear on the list and the number of those electors who have voted at any point in the proceedings.

The bill prohibits election officials and other persons who are provided confidential information relating to the names and addresses of electors from disclosing that information to other persons who are not authorized to obtain that information. The bill also prohibits an individual from providing false information to a municipal clerk for the purpose of obtaining a confidential listing on a poll or registration list. 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.

II. elections administration

Fees for recounts

Under current law, a petitioner requesting a recount of an election generally must pay a fee of $5 for each ward for which a recount is requested and $5 for each municipality where no wards exist. However, current law does not require a fee if the difference between the leading candidate and the petitioner or the affirmative and negative vote on a referendum was less than ten votes, if 1,000 or less votes were cast, or less than 0.5% of the total votes cast, if greater than 1,000 votes were cast. A petitioner must pay any fee in full at the time he or she files the petition.

This bill retains the current fees and the current exemptions for any election where 1,000 or less votes are cast and retains the current exemption for any election where greater than 1,000 votes are cast and the difference in votes cast between the leading candidate and the petitioner or the affirmative and negative vote on a referendum is 0.5% or less. However, the bill changes the fees for other elections where greater than 1,000 votes are cast. Under the bill, if greater than 1,000 votes are cast in the election and the difference in votes is more than 0.5% but not more than 2% of the total votes cast, the fee under this bill is $5 per ward and $5 per municipality where no wards exist. If greater than 1,000 votes are cast and the difference in votes is more than 2% of the total votes cast, the fee under this bill is the actual cost of performing the recount. In addition, the bill requires a petitioner to pay a reasonable estimate of any applicable fee at the time of filing and any balance within 30 days after the filing officer notifies the petitioner of the amount due.

Composition of certain municipal boards of canvassers

Currently, the municipal board of canvassers in each municipality utilizing more than one polling place, except in cities having a population of more than 500,000, is composed of the municipal clerk and two other qualified electors appointed by the clerk. If the clerk's office is vacant, if the clerk cannot perform his or her duties or if the clerk is a candidate at an election being canvassed, the mayor, president or board chairperson of the municipality designates another qualified elector of the municipality to serve in lieu of the clerk.

This bill provides that the municipal board of canvassers in these municipalities is composed of three qualified electors of the municipality, other than the municipal clerk, who shall be appointed by the clerk.

III. Campaign financing

Disbursement limitations

Under current law, disbursement (expenditure) levels are specified for candidates for various state and local offices. These levels become a binding limitation upon any candidate for state office who accepts a state grant from the Wisconsin election campaign fund or who agrees to be bound by the limitation, unless the candidate is opposed by a major opponent who could have qualified for a grant but who declines to accept one and declines to file an affidavit of voluntary compliance with disbursement and contribution limitations.

This bill:

1. Revises the current disbursement levels applicable to candidates for the offices shown below as follows: - See PDF for table

2. Creates a biennial cost-of-living adjustment that causes the statutory disbursement levels to be adjusted biennially, beginning in 2002, in accordance with a formula tied to the "consumer price index" determined by the U.S. department of labor.

Filing of campaign finance reports

Currently, where a requirement is imposed under the campaign finance law for filing of a report by a specified date, the requirement may be satisfied by depositing the report with the U.S. postal service no later than the date provided by law for receipt of the report. This bill permits satisfaction of such a requirement by depositing the report with the U.S. postal service no later than the third day before the date provided by law for receipt of the report.

Registration and reporting by certain federal and nonresident registrants

Currently, a new registrant is generally prohibited from making a contribution or disbursement from property or funds received prior to the date of registration, except that if a registrant has in its possession property or funds at the time of registration that were not intended for political purposes in connection with an election for state or local office at the time they were received, the registrant may report the property or funds as received on the date of registration and may then use the property or funds to make a contribution or disbursement.

This bill permits a nonresident registrant who or which has property or funds in the possession of the registrant on the date of registration from which the registrant wishes to make a contribution or disbursement to use the property or funds to make a contribution or disbursement to the extent permitted under current law if the registrant obtained the property or funds from sources and in amounts that were lawful at the time that the property or funds were received by the registrant. In addition, the bill requires every new nonresident registrant to report any information specified by the board for the year in which the registrant registers and the one-year period preceding that year, plus any additional period required to enable the registrant to make a contribution or disbursement from the property or funds.

Currently, with certain exceptions, a registrant who or which is required to register with a filing officer in this state must file regular reports identifying contributions received and disbursements made and providing certain other information. However, a nonresident registrant need report only contributions and other income received from sources in this state and disbursements made and obligations incurred with respect to an election for state or local office in this state. This bill deletes this exception to state reporting requirements.

Contribution limitations

Current law limits the total contributions that a candidate for state or local office may accept from all political committees, including political party and legislative campaign committees, and from the Wisconsin election campaign fund to 65% of the disbursement level specified for the office that the candidate seeks. This bill decreases that limitation to 60% of that disbursement level.

The bill also prohibits any special interest ("political action") committee from making any contribution or contributions exceeding $100 cumulatively within a calendar year to any other special interest committee, and similarly prohibits any conduit (intermediary) from transferring any contribution or contributions exceeding $100 cumulatively within a calendar year to any special interest committee. In addition, the bill prohibits any special interest committee that receives a contribution in violation of this prohibition from making any contribution or disbursement from the property or funds constituting that contribution. Currently, there are no similar limitations.