AB826: Bill Text

LRB-4019/2

JTK/RJM/PG:cjs:pg

2001 - 2002 LEGISLATURE

2001 Assembly BILL 826

February 18, 2002 - Introduced by Committee on Campaigns and Elections, by request of State Elections Board. Referred to Committee on Campaigns and Elections.

AB826,1,8 An Act to repeal 8.15 (9), 8.20 (10), 9.10 (2) (em) 4. and 5., 9.10 (2) (o) and 9.10 (2) (r) 1. to 3.; to renumber and amend 9.10 (4) (d); to amend 5.86, 6.87 (2) (form), 6.875 (1) (at), 6.875 (2) (a), 6.875 (6), 6.88 (1), 7.03 (1) (a), 7.03 (1) (b), (bm), (c) and (d), 7.08 (3) (intro.) and (4), 7.30 (2) (a), 7.30 (4) (b) 1., 7.30 (6) (b), 7.33 (2), 7.41 (4), 7.51 (1), 7.60 (2), 8.15 (4) (a), 8.21, 8.40 (2), 9.10 (2) (e) 3., 9.10 (4) (a), 10.06 (3) (am), 10.06 (3) (bm), 11.21 (3), 11.21 (14) and 755.01 (4); and to create 7.08 (5), 7.30 (2) (am), 9.10 (4) (d) 2. and 118.15 (3) (d) of the statutes; relating to: various changes in election administration laws.

Analysis by the Legislative Reference Bureau

This bill makes various changes in the laws relating to administration of elections. Significant changes include:

Poll worker qualifications

Currently, poll workers consist of election inspectors and special registration deputies. Inspectors supervise voting generally and deputies are appointed to accept election day registrations in municipalities where registration is required. The inspectors at each polling place elect a chief inspector, who manages the polling place, subject to supervision of the municipal clerk or board of election commissioners. With limited exceptions, all inspectors must be qualified electors of the ward, combined wards, or election district where they serve. Special registration deputies must be electors of the municipality in which they serve. The two major political parties may submit nominees for inspector positions, but if they fail to do so, municipalities may appoint any qualified electors to serve. Inspectors normally serve for two-year terms. Under this bill, any poll worker need only be a qualified elector of this state, except that the bill also permits any pupil who is enrolled in grades 9 to 12 of a public or private school and who is 15, 16, or 17 years of age to be appointed to serve in any inspection position other than the position of chief inspector. The bill requires a pupil who wishes to serve as an inspector to obtain the written authorization of the pupil's parent or guardian and of the principal of the school where he or she is enrolled, who must consent to allow the pupil to serve at all elections held during his or her term of office. The bill provides that if a pupil who receives an inspector appointment ceases to be enrolled and the pupil has not become a qualified elector of the state, the pupil's office becomes vacant. Under the bill, at least one inspector in addition to the chief inspector at each polling place must be a qualified elector of the state. The bill also provides for chief inspectors to be appointed by the municipal clerk or board of election commissioners of the municipality where they serve.

Compensation of election officials

Currently, most election officials (inspectors, voting machine custodians, automatic tabulating equipment technicians, members of boards of canvassers, messengers, and tabulators) must be paid a reasonable compensation, which is fixed and paid by the jurisdiction for whom they perform services. If a special election is called, the jurisdiction calling the election must pay the compensation. Special registration deputies, nursing and retirement home voting deputies, and officials and trainees who attend training sessions may be compensated for their services at municipal option, except that chief inspectors and chief inspector trainees must be compensated for attendance at training sessions and examinations. This bill permits any election official or trainee to volunteer his or her services by filing a written declination to accept compensation. Once filed, a declination remains effective until the official or trainee files a written revocation.

Free distribution of elections board publications

Currently, the elections board is required to publish the election laws, a manual explaining the duties of election officials, an accounting and bookkeeping manual for campaign finance registrants, and a manual describing the campaign finance and prohibited election practice laws. The board must distribute free copies of the election laws in sufficient supply to provide one copy for each polling place. The board must distribute one copy of the election manual free to each county and municipal clerk and board of election commissioners. The board must distribute the accounting and bookkeeping manual and the manual describing the campaign finance and prohibited election practice laws free to each state registrant and must distribute sufficient copies of the manuals to local filing officers to enable distribution to local registrants. This bill removes these requirements for free distribution.

Maps of election districts

Current law requires the legislative reference bureau to prepare maps showing the boundary lines of congressional and legislative districts and to provide those maps to the department of administration. The department of administration must provide the maps to the elections board, which must distribute them to candidates for representative in Congress, state senator, and representative to the assembly upon the filing of nomination papers. This bill instead requires the elections board to distribute the maps to these candidates upon request.

Disqualification of candidates

Under current law, in order to become a candidate for state or local office in this state, an individual must swear that he or she has not been convicted of any infamous crime for which he or she has not been pardoned. In 1996, the Wisconsin constitution was amended to remove the reference to the infamous crime disqualifier and to substitute a disqualification for conviction of a felony or misdemeanor designated under state or federal law as a violation of the public trust, unless pardoned. This bill deletes the infamous crime disqualifier from the statutes and substitutes a requirement for a candidate for state or local office to swear that he or she has not been convicted of a misdemeanor designated under state or federal law as a violation of the public trust or a felony for which he or she has not been pardoned.

Restriction on dates of recall elections for local officers

Currently, a petition for the recall of an elective officer may be offered for filing at any time after the officer has served at least one year of his or her term, and a recall election may be required at any time after that first year if a legally valid petition is filed. This bill prohibits any election for the recall of a city, village, town, or school district officer whose office is being filled at the spring election from being held after February 1 in the year of that election.

Method of calling recall elections for local officers

Currently, a petition for the recall of an elective officer of a city, village, town, or school district is filed with the municipal or school district clerk or board of election commissioners of the municipality or school district. If the clerk or board finds the petition to be sufficient, the clerk or board transmits it to the municipal governing body or school board, which must then call a recall election. This bill provides instead for the the clerk or board, upon finding a petition to be sufficient, to call the recall election.

Supervision of central counting locations

Currently, any municipality that utilizes an electronic voting system may provide for ballots to be counted at one or more central counting locations instead of at the polling places where ballots are cast. Currently, proceedings at a central counting location are under the direction of the municipal clerk or board of election commissioners, unless the central counting location is at the county seat and the clerk or board delegates this responsibility to the county clerk or board of election commissioners. This bill permits a municipal clerk or board of election commissioners to delegate the responsibility to supervise a central counting location to another election official, or if the clerk or board delegates this responsibility to the county clerk or board of election commissioners, the bill permits that clerk or board to delegate the responsibility for supervision to another election official.

Voting in certain homes and facilities

Currently, municipalities send two special voting deputies to each nursing or retirement home or community-based residential facility where one or more electors apply for an absentee ballot for the purpose of conducting absentee voting. The deputies must represent the two major political parties when party representatives are available. Current law requires the deputies to administer an absentee voter oath that was formerly a part of the absentee voter's certificate, but the current form of the certificate does not require an oath and instead requires only one witness. This bill requires the two deputies at a home or facility to each witness the execution of the absentee voter's certificate in lieu of the oath.

Certification of the names of municipal candidates and referenda

Currently, the names of candidates for municipal office are certified for placement on the ballot no later than two days after the deadline for filing nomination papers or two days after the date of any village or town nominating caucus. Except at primary elections, municipal ballot questions are certified at the same time. This bill requires certification no later than three days after the deadline for filing nomination papers or three days after candidate qualification following a nominating caucus.

Notification of creation or abolition of joint municipal courts

Currently, two or more municipalities may establish a joint municipal court. The county clerk or board of election commissioners of the county having the largest portion of the population of the combined municipalities serves as filing officer for the election of the judge of the court. Currently, the municipalities must notify the appropriate clerk or board when a joint court is created. This bill requires each municipality to send to the clerk or board a copy of the ordinance or bylaw creating or discontinuing a joint court.

Membership on the county board of canvassers

Current law requires the county clerk to serve on the county board of canvassers. However, if the clerk's office is vacant, the clerk cannot perform his or her duties, or the clerk is a candidate at an election being canvased, the clerk must designate a deputy clerk to perform the clerk's duties. This bill requires the clerk to make this designation in advance of the circumstances that trigger the need for service by the deputy clerk.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

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

AB826, s. 1 Section 1. 5.86 of the statutes is amended to read:

AB826,5,13 5.86 Proceedings at central counting location locations. (1) All proceedings at the each central counting location shall be under the direction of the municipal clerk or an election official designated by the clerk unless the central counting location is at the county seat and the municipal clerk delegates the responsibility to supervise the location to the county clerk, in which case the proceedings shall be under the direction of the county clerk or an election official designated by the county clerk. Unless election officials are selected under s. 7.30 (4) (c) without regard to party affiliation, the employees at the each central counting location, other than any specially trained technicians who are required for the operation of the automatic tabulating equipment, shall be equally divided between members of the 2 major political parties under s. 7.30 (2) (a) and all duties performed by the employees shall be by teams consisting of an equal number of members of each political party whenever sufficient persons from each party are available.

AB826,5,23 (2) At the each central counting location, a team of election officials designated by the clerk or other election official having charge of the location under sub. (1) shall check the container returned containing the ballots to determine that all seals are intact, and thereupon shall open the container, check the inspectors' slip and compare the number of ballots so delivered against the total number of electors of each ward served by the polling place who voted, remove the ballots or record of the votes cast and deliver them to the technicians operating the automatic tabulating equipment. Any discrepancies between the number of ballots and total number of electors shall be noted on a sheet furnished for that purpose and signed by the election officials.

AB826, s. 2 Section 2. 6.87 (2) (form) of the statutes is amended to read:

AB826,5,25 6.87 (2) (form)

AB826,6,1 [STATE OF ....

AB826,6,2 County of ....]

AB826,6,3 or

AB826,6,4 [(name of foreign country and city or other jurisdictional unit)]

AB826,6,18 I, ...., certify subject to the penalties of s. 12.60 (1) (b), Wis. Stats., for false statements, that I am a resident of the [.... ward of the] (town) (village) of ...., or of the .... aldermanic district in the city of ...., residing at ....* in said city, the county of ...., state of Wisconsin, and am entitled to vote in the (ward) (election district) at the election to be held on ....; that I am not voting at any other location in this election; that I am unable or unwilling to appear at the polling place in the (ward) (election district) on election day or have changed my residence within the state from one ward or election district to another within 10 days before the election. An elector who provides an identification serial number issued under s. 6.47 (3) need not provide a street address. I certify that I exhibited the enclosed ballot unmarked to the witness, that I then in (his) (her) presence and in the presence of no other person marked the ballot and enclosed and sealed the same in this envelope in such a manner that no one but myself and any person rendering assistance under s. 6.87 (5), Wis. Stats., if I requested assistance, could know how I voted.

AB826,6,19 Signed ....

AB826,6,20 Identification serial number, if any: ....

AB826,6,21 The witness shall execute the following:

AB826,7,2 I, the undersigned witness, subject to the penalties of s. 12.60 (1) (b), Wis. Stats., for false statements, certify that the above statements are true and the voting procedure was executed as there stated. I am not a candidate for any office on the enclosed ballot (except in the case of an incumbent municipal clerk). I did not solicit or advise the elector to vote for or against any candidate or measure.

AB826,7,3 ....(Name)

AB826,7,4 ....(Address)**

AB826,7,6 * — An elector who provides an identification serial number issued under s. 6.47 (3), Wis. Stats., need not provide a street address.

AB826,7,8 ** — If this form is executed before 2 special voting deputies under s. 6.875 (6), Wis. Stats., both deputies shall witness and sign.

AB826, s. 3 Section 3. 6.875 (1) (at) of the statutes is amended to read:

AB826,7,11 6.875 (1) (at) "Qualified retirement home" means a retirement home that qualifies under sub. (2) (b) (c) to utilize the procedures under this section.

AB826, s. 4 Section 4. 6.875 (2) (a) of the statutes is amended to read:

AB826,7,15 6.875 (2) (a) The procedures prescribed in this section are the exclusive means of absentee voting for electors who are occupants of nursing homes or, qualified community-based residential facilities or qualified retirement homes.

AB826, s. 5 Section 5. 6.875 (6) of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

AB826,9,7 6.875 (6) Special voting deputies in each municipality shall, not later than 5 p.m. on the Friday preceding an election, arrange one or more convenient times with the administrator of each nursing home or, qualified retirement home, and qualified community-based residential facility in the municipality from which one or more occupants have filed an application under s. 6.86 to conduct absentee voting for the election. The time may be no earlier than the 4th Monday preceding the election and no later than 5 p.m. on the Monday preceding the election. Upon request of a relative of an occupant of a nursing home or qualified retirement home or qualified community-based residential facility, the administrator may notify the relative of the time or times at which special voting deputies will conduct absentee voting at the home or facility, and permit the relative to be present in the room where the voting is conducted. At the designated time, 2 deputies appointed under sub. (4) shall visit the nursing home or qualified retirement home or qualified community-based residential facility. The municipal clerk or executive director of the board of election commissioners shall issue a supply of absentee ballots to the deputies sufficient to provide for the number of valid applications received by the clerk, and a reasonable additional number of ballots. The municipal clerk or executive director shall keep a careful record of all ballots issued to the deputies and shall require the deputies to return every ballot issued to them. The deputies shall personally offer each elector who has filed a proper application the opportunity to cast his or her absentee ballot. If an elector is present who has not filed a proper application, the 2 deputies may accept an application from the elector and shall issue a ballot to the elector if the elector is qualified and the application is proper. The deputies shall administer each witness the oath certification and may, upon request of the elector, assist the elector in marking the elector's ballot. Upon request of the elector, a relative of the elector who is present in the room may assist the elector in marking the elector's ballot. All voting shall be conducted in the presence of the deputies. No individual other than a deputy may administer witness the oath certification and no individual other than a deputy or relative of an elector may render voting assistance to the elector. Upon completion of the voting, the deputies shall promptly deliver, either personally or by 1st class mail, any absentee ballot applications and the sealed certificate envelope containing each ballot to the clerk or board of election commissioners of the municipality in which the elector casting the ballot resides, within such time as will permit delivery to the polling place serving the elector's residence on election day. Personal delivery may be made by the deputies no later than noon on election day. If a qualified elector is not able to cast his or her ballot on 2 separate visits by the deputies to the nursing home or qualified retirement home facility, they shall so inform the municipal clerk or executive director of the board of election commissioners, who may then send the ballot to the elector no later than 5 p.m. on the Friday preceding the election.

AB826, s. 6 Section 6. 6.88 (1) of the statutes is amended to read:

AB826,9,18 6.88 (1) When an absentee ballot arrives at the office of the municipal clerk, the clerk shall enclose it, unopened, in a carrier envelope which shall be securely sealed and endorsed with the name and official title of the clerk, and the words "This envelope contains the ballot of an absent elector and must be opened at the polls during polling hours on election day". If the ballot was received by the elector by facsimile transmission or electronic mail and is accompanied by a separate certificate, the clerk shall enclose the ballot in a certificate envelope and securely append the completed certificate to the outside of the envelope before enclosing the ballot in the carrier envelope. The clerk shall keep the ballot in the clerk's office until delivered, as required in sub. (2).

AB826, s. 7 Section 7. 7.03 (1) (a) of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

AB826,9,25 7.03 Compensation of election officials and trainees. (1) (a) A Except as authorized under this paragraph, a reasonable daily compensation shall be paid to each inspector, voting machine custodian, automatic tabulating equipment technician, member of a board of canvassers, messenger, and tabulator who is employed and performing duties under chs. 5 to 12. Daily compensation shall also be provided to officials and trainees for attendance at training sessions and examinations required by the board under s. 7.31. Alternatively, such election officials and trainees may be paid by the hour at a proportionate rate for each hour actually worked. Any election official or trainee may choose to volunteer his or her services by filing with the municipal clerk of the municipality in which he or she serves a written declination to accept compensation. The volunteer status of the election official or trainee remains effective until the official or trainee files a written revocation with the municipal clerk.