AB600: Bill Text

LRB-0610/7

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2003 - 2004 LEGISLATURE

2003 Assembly BILL 600

October 17, 2003 - Introduced by Committee on Campaigns and Elections, by request of Elections Board. Referred to Committee on Campaigns and Elections.

AB600,2,12 An Act to repeal 5.25 (4) (c), 6.15 (3) (a) (title), 6.15 (3) (b) (title), 6.24 (8), 6.33 (3), 6.35 (2), 6.35 (5) and (6), 6.40 (1) (b), 6.50 (2m), 6.50 (9), 6.79 (1), 6.79 (5), 6.79 (6) (a) and 120.06 (5); to renumber 5.87 and 6.865; to renumber and amend 6.15 (3) (a) 1., 2. and 3., 6.15 (3) (b), 6.40 (1) (a), 6.79 (intro.) (except 6.79 (title)) and 6.79 (6) (b); to amend 5.02 (17), 5.05 (11), 5.25 (4) (a), 5.40 (6), 5.55 (title), 6.15 (2) (title), 6.15 (2) (a) (intro.), 6.15 (4) (d), 6.20, 6.24 (3), 6.24 (4) (a), 6.24 (4) (c), 6.26 (1), 6.26 (2) (a), 6.26 (2) (b) and (c), 6.275 (1) (b) to (d), 6.28 (2) (b), 6.28 (3), 6.29 (2) (a), 6.29 (2) (b), 6.30 (4), 6.32 (4), 6.325, 6.33 (title), 6.33 (1), 6.33 (2), 6.33 (4), 6.35 (3), 6.36 (2) (a), 6.36 (3), 6.40 (2) (b), 6.47 (2), 6.47 (3), 6.47 (6), 6.48 (1) (d), 6.48 (2) (b), 6.50 (1), 6.50 (2), 6.50 (3) to (6), 6.50 (7), 6.50 (8), 6.50 (10), 6.55 (2) (a) 1. (intro.), 6.55 (2) (a) 2., 6.55 (2) (b), 6.55 (2) (c) 1., 6.55 (2) (c) 2., 6.55 (2) (d), 6.55 (3), 6.55 (7) (a) (intro.), 6.55 (7) (b), 6.55 (7) (c) (intro.), 6.55 (7) (c) 1., 6.55 (7) (c) 2., 6.55 (7) (d), 6.56 (2) to (4), 6.79 (4), 6.82 (1) (a), 6.86 (3) (a) 1., 6.86 (3) (a) 2., 6.86 (3) (b), 6.86 (3) (c), 6.865 (title), 6.87 (3) (d), 6.87 (4), 6.88 (3) (a), 6.94, 6.95, 7.08 (1) (c), 7.10 (1) (b), 7.15 (1) (c), 7.15 (4), 7.23 (1) (c), 7.23 (1) (e), 7.37 (7), 7.51 (2) (a), 7.51 (2) (c), 7.51 (2) (e), 7.51 (3) (a), 7.51 (4) (a), 7.51 (5) (a), 8.17 (1) (a), 9.01 (1) (b) 1., 10.02 (3) (a), 11.30 (title), 12.13 (3) (u), 51.62 (3m), 59.05 (2), 117.20 (2) and 125.05 (2) (h); to repeal and recreate 6.26 (title), 6.27, 6.36 (1), 6.40 (1) (a) (title), 6.57 and 6.79 (2); and to create 5.02 (6m), 5.02 (24w), 5.05 (10), 5.05 (12) to (15), 5.055, 5.056, 5.061, 5.25 (4) (b), 5.35 (6) (a) 2m., 4., 4a. and 4b., 5.36, 5.87 (2), 5.91 (15) to (18), 6.06, 6.26 (2) (am), 6.276, 6.33 (5), 6.36 (2) (c), 6.40 (1) (a) 2. and 3., 6.865 (1), 6.865 (3) and (4), 6.869, 6.96, 6.97, 7.08 (6) and (8), 7.10 (7) to (9), 7.10 (10), 7.15 (9) to (14), 15.617, 19.69 (4), 51.62 (3) (a) 4. and 85.61 of the statutes; relating to: election administration, voter registration and voting requirements and procedures and granting rule-making authority.

Analysis by the Legislative Reference Bureau

This bill makes various changes in state law relating to voter registration and voting requirements and procedures and administration of elections. Many of the changes are made for the purpose of implementing numerous federal mandates imposed upon this state under the federal Help America Vote Act of 2002 and enabling receipt of federal aids by this state under that act. Significant provisions include:

Statewide voter registration

Under current law, voter registration is required in every municipality with a population of greater than 5,000. This bill requires voter registration in every municipality. The bill also establishes a centralized, state-wide voter registration list that is designed and maintained by the state Elections Board. The bill directs the board to require all municipalities to use the list in all elections and permits the board to require any municipality to adhere to procedures established by the board for proper maintenance of the list. Under the bill, the list must be electronically accessible by any person, but access to certain identifying information is limited to the board and municipal clerks and boards of election commissioners, and no person other than the board or an authorized election official may make a change in the list. The bill also permits the board to make changes to the list with notice to the appropriate municipal clerks or boards of election commissioners. Under the bill, each municipal clerk or board of election commissioners must electronically enter valid registrations or changes of registration and voting record information on the list, except that the bill permits any municipal clerk or board of election commissioners, by mutual consent, to delegate this electronic maintenance function to another municipal clerk or board of election commissioners or to a county clerk or board of election commissioners. Currently, when a registered elector is no longer eligible to vote, the name of the elector is removed from the registration list. Under the bill, all names are retained on the list indefinitely and the list distinguishes between eligible and ineligible status. When an elector is no longer eligible to vote, the elector is changed to ineligible status. Each municipality must retain the original registrations or changes of registration as provided under current law. Under the bill, the original forms are controlling whenever there is a discrepancy between the list and the original forms. Currently, municipalities must maintain records of voter participation in elections manually or electronically. Under the bill, municipalities must maintain voter participation records electronically as a part of the state-wide registration list.

Requirements for registration

Currently, if registration is required, any individual who qualifies as an elector of a municipality but who is not registered to vote may register in person at various locations within the applicable municipality or may mail to the appropriate municipal clerk a completed registration form. With certain exceptions, the deadline for voter registration is 5 p.m. on the second Wednesday preceding the election. Registrations made by mail must be delivered to the office of the municipal clerk or board of election commissioners or postmarked not later than this deadline. However, under current law, voters may also register in person at the office of the municipal clerk or board of election commissioners up to 5 p.m. on the day before the election or, in most cases, may register at the proper polling place on election day. In addition, voters may register at any time after the deadline if the municipal clerk determines that the registration list can be revised to incorporate the registration in time for the election. Currently, an individual who makes a late or election day registration must complete a registration form and a certification of eligibility and must present acceptable proof of residence. If an individual attempting to vote under these late registration or election day registration procedures is not able to present acceptable proof of residence, as an alternative, current law permits another qualified elector who resides in the same municipality to corroborate the information contained in the individual's registration form or certification. The corroborating elector must then provide acceptable proof of residence.

This bill requires every elector who registers to vote to provide his or her date of birth and a driver's license number from a valid Wisconsin driver's license, or if the elector does not have a driver's license, the last four digits of the elector's social security number, if the elector has a social security number. The bill also requires the board to assign a registration identification number to every registered elector.

In addition, the bill permits an elector who does not register by the close of registration to register at the office of the municipal clerk or board of election commissioners by 5 p.m. or the close of business, whichever is later, on the day before an election.

Currently, any qualified elector may apply to the municipal clerk or board of election commissioners of any municipality to be appointed as a special registration deputy for the purpose of registering electors of the municipality prior to the close of registration (2nd Wednesday before an election). An elector may apply to and be appointed to serve more than one municipality. This bill permits any elector of the state to apply to the Elections Board for appointment as a special registration deputy for the purpose of registering electors of the state prior to the close of registration.

Identification required to vote

With certain limited exceptions, before being permitted to vote at any polling place, an elector currently must provide his or her name and address. If registration is required in order to vote and the elector is not registered, the elector must provide a specified form of proof of residence in order to register after the close of registration (usually the second Wednesday preceding an election). If an elector at a polling place claims to be registered but his or her name does not appear on the appropriate registration list, the elector must complete a certification of eligibility and present acceptable proof of residence in order to vote. In addition, an elector who appears to vote at a polling place may be required to provide acceptable proof of residence even if registration is not required. If an elector is not able to present any required proof of residence, as an alternative, current law permits another qualified elector who resides in the same municipality to corroborate the elector's information. Currently, an elector who votes an absentee ballot and who is registered, if registration is required, is not required to provide acceptable proof of residence.

This bill provides that if an elector other than a military or overseas elector, as defined by federal law, registers to vote by mail and has never voted in a federal election in this state, the elector must provide a form of identification specified by federal law in order to be permitted to vote in a federal election. The form of identification used must be either 1) a current and valid piece of identification containing a photograph of the elector; or 2) a copy of a utility bill, bank statement, paycheck, or a check or other document issued by a unit of government that shows the current name and address of the elector. If the elector votes by absentee ballot, the elector must provide a copy of any identification used. If the identification provided by an elector is in one of the acceptable formats and contains the name and address of the elector as shown on the poll list, the inspectors must accept the identification unless they challenge the ballot of the elector. If an elector who votes at a polling place is required to provide identification and fails to do so, the elector may vote provisionally. If an elector who fails to provide required identification votes by absentee ballot, the ballot is treated as a provisional ballot. A provisional ballot is marked by the poll workers, who immediately contact the municipal clerk or executive director of the board of election commissioners. The clerk or executive director is then directed to determine whether the individual submitting the ballot is a qualified elector where he or she is attempting to vote. If the clerk or executive director notifies the board of canvassers responsible for canvassing the election that the elector is qualified to vote in the ward or election district where the individual's ballot is cast by 4 p.m. on the day after the election, the board of canvassers must reopen the canvass and count the individual's ballot.

Compliance with Help America Vote Act

Currently, an elector who believes that the action or inaction of an election official concerning nominations, qualification of candidates, voting qualifications, ward division and numbering, recall, ballot preparation, election administration, or the conduct of elections is contrary to law or that the actions or inactions of an election official with respect to any such matter constitute an abuse of discretion, may file a complaint with the Elections Board and the board may order appropriate relief. The decision of the board may be appealed to the courts. Any elector who believes that an election official is acting in violation of the law may request the appropriate district attorney or, in some cases, the attorney general to petition a court for appropriate relief. However, the recount procedure is the exclusive judicial remedy for addressing any alleged irregularity, defect, or mistake committed during the voting or canvassing process.

This bill creates another procedure for addressing alleged noncompliance with any provision of the federal Help America Vote Act relating to voting system standards, provisional voting, voting information, registration procedure and administration, and voter identification. Under the bill, whenever any person (whether an individual or another entity and whether inside or outside this state) believes that a violation of the act has occurred, is occurring, or is proposed to occur with respect to an election for national office in this state, that person may file a written, sworn complaint with the Elections Board. The board must grant the complainant a formal hearing upon request and must issue a decision on the complaint, together with an order for any appropriate relief, within 89 days. Under the bill, the relief may not include any order affecting the right of any person to hold an elective office or affecting the canvass of an election on or after the date of that election.

Voting process

Standards for determining validity of votes

Currently, state law specifies in detail whether particular indications of elector intent shall be counted as votes cast for particular candidates or propositions. The standards for determining the validity of votes are to some degree applicable to votes cast using electronic voting systems. This bill directs the Elections Board to prescribe, by rule, uniform standards for determining the validity of votes cast or attempted to be cast with each electronic voting system that the board approves for use in this state. The rules apply only in situations that are not addressed under current law.

Federal absentee ballot procedures

Currently, when a uniformed service or overseas voter (as defined by federal law) requests an absentee ballot in a timely manner, the voter is sent an absentee ballot for the next election. Under this bill, such a voter may request and receive an absentee ballot for the next two general (national) elections at the same time, unless the voter is subject to a registration requirement and the voter is no longer registered to vote in this state at the time that an absentee ballot would otherwise be transmitted.

The bill also provides that if any municipal clerk or board of election commissioners rejects a request for an absentee ballot from a uniformed service or overseas voter, the clerk or board must promptly inform the voter of the reason for the rejection.

Voting after hours pursuant to federal court order

This bill provides that if a federal court orders that a polling place remain open after the official closing hour of 8 p.m., any electors who vote after hours must vote by ballot and have their ballots marked to indicate that they voted after the official closing hour pursuant to a federal court order. The late ballots are then counted unless the court order is overturned. If the order is overturned after the canvass of the election, the bill requires the canvass to be reopened.

Protection and advocacy activities

Under current law, the state protection and advocacy agency implements a system to protect and advocate for the rights of persons with developmental disabilities or mental illness.

The bill authorizes the protection and advocacy agency to engage in activities to ensure full participation in the electoral process for eligible electors with developmental disabilities or mental illness and requires the Department of Health and Family Services to distribute federal funding to the agency for these activities.

Voting by new residents

Currently, an individual who has resided in this state for less than ten days at the time of a presidential election may vote for president and vice president only at the office of a municipal clerk or board of election commissioners, by absentee ballot through the mail, or at a polling place on election day. This bill provides that such an individual may only vote at the office of a municipal clerk or board of election commissioners or at a polling place on election day.

Revision of registration list

Under current law, municipalities must use either a "negative purge" or a "positive purge" system to maintain their voter registration lists. Under the negative purge procedure, an elector who does not vote for a four-year period and does not respond to a notice by requesting continuation of his or her registration is purged from the list. Under the positive purge procedure, the municipal clerk or board of election commissioners sends a registration verification notice to each elector who does not vote for a four-year period. Each elector whose notice is returned as undeliverable is purged from the list. This bill deletes the "positive purge" procedure.

Election administration enhancement

Federal and state advisory bodies

In accordance with the Help America Vote Act, the bill creates an Election Administration Council whose members are appointed by the executive director of the board to develop and revise as necessary a proposed state plan for the expenditure of federal moneys under the Help America Vote Act. The bill also directs the board to adopt this plan and revise the plan as necessary. In addition, the bill directs the executive director, in consultation with the Elections Board, to appoint a representative of this state as a member of the federal Election Assistance Commission standards board, and to supervise the selection by county and municipal clerks and boards of election commissioners in this state of a representative of this state to serve as a member of the standards board.

Voter educational programs and information systems

This bill permits the Elections Board, with the assistance of county and municipal clerks and boards of election commissioners, to conduct or prescribe requirements for educational programs to inform electors about voting procedures, voting rights, and voting technology. However, the bill requires the board to conduct an educational program for the specific purpose of educating electors who cast paper ballots, ballots that are counted at a central counting location, and absentee ballots of the effect of casting excess votes for an office. The bill also directs the board, with the assistance of county and municipal clerks, to maintain one or more toll-free telephone lines for electors to report possible voting fraud and voting rights violations, to obtain general election information and to access information concerning their registration status, current polling place locations, and other information relevant to voting in elections. The bill requires the municipal clerks and boards of election commissioners to maintain a free access system under which electors who vote without providing required identification and electors who vote pursuant to a federal court order after a polling place is scheduled to close may ascertain the status of their votes.

Requirements to match information

In accordance with the Help America Vote Act, the bill requires the secretary of transportation (secretary) to enter into two agreements. First, the secretary and the executive director of the Elections Board must enter into an agreement to match personally identifiable information on the official registration list maintained by the Elections Board with personally identifiable information in driver licensing and vehicle registration records maintained by the Department of Transportation (DOT), for the purpose of verifying voter registration information. Second, the secretary must enter into an agreement with the commissioner of the federal Social Security Administration to match the name, date of birth, and social security number of individuals in DOT's driver licensing and vehicle registration records with such information in the records of the Social Security Administration. This agreement must contain safeguards to maintain the confidentiality of any information disclosed and procedures to allow the secretary to use any information disclosed in maintaining the records of DOT.

Instructions for absentee voters

The bill directs the Elections Board to prescribe uniform instructions for absentee voters. The instructions must include information concerning the procedure for correcting errors in marking a ballot and obtaining a replacement for a spoiled ballot.

Electronic voting system standards

Effective on January 1, 2006, the bill creates new standards for approval by the Elections Board of electronic voting systems for use at elections in this state. Under the bill, all electronic voting systems must enable an elector to privately verify the votes selected by the elector before casting his or her ballot, they must provide the elector with an opportunity to change his or her votes or to obtain a replacement for a spoiled ballot before casting his or her vote, and, unless a ballot is counted at a central counting location, they must include a mechanism for notifying an elector of an overvote for an office and provide an opportunity for the elector to correct his or her ballot or to cast a replacement ballot to eliminate the overvote. The system must also produce a permanent paper record of the vote cast by each elector who uses an electronic voting system at the time the elector casts his or her vote that enables a manual count or recount of the elector's vote.

Enforcement of federal voting system standards

Effective on January 1, 2006, the bill directs the Elections Board to audit the performance of each voting system used in this state, including any paper ballot voting system, following each general election. In the audit, the board must determine the error rate of the system in counting ballots that are validly cast by electors. If the error rate exceeds the rate permitted by the federal government, the bill directs the board to take remedial action and to order affected counties and municipalities to take remedial action. The bill requires counties and municipalities to comply with remedial orders.

Polling place accessibility, equipment and materials