SB612: Bill Text

SB612,105,25 1m. If the difference between the votes cast for the leading candidate and those cast for the petitioner or the difference between the affirmative and negative votes cast upon any referendum question is at least 10 if 1,000 or less votes are cast or is more than 0.5% but not more than 2% if more than 1,000 votes are cast prior to issuance of any amended return under s. 6.22 (5m) (f), the petitioner shall pay a fee of $5 for each ward for which the petition requests a ballot recount, or $5 for each municipality for which the petition requests a recount where no wards exist.

SB612,106,7 2. If the difference between the votes cast for the leading candidate and those cast for the petitioner or the difference between the affirmative and negative votes cast upon any referendum question is more than 2% if more than 1,000 votes are cast prior to issuance of any amended return under s. 6.22 (5m) (f), the petitioner shall pay a fee equal to the actual cost of performing the recount in each ward for which the petition requests a recount, or in each municipality for which the petition request a recount where no wards exist.

SB612, s. 152 Section 152. 9.01 (1) (ag) 2m. of the statutes is created to read:

SB612,106,11 9.01 (1) (ag) 2m. For purposes of subds. 1m. and 2., the number of votes cast at an election excludes any votes that may be eligible to be counted under s. 6.22 (5m) (a).

SB612, s. 153 Section 153. 9.01 (1) (b) (intro.) of the statutes is amended to read:

SB612,106,22 9.01 (1) (b) (intro.) The Except as provided in this paragraph, the proper board of canvassers shall reconvene no earlier than 9 a.m. on the day following delivery of notice to all candidates under sub. (2) and no later than 9 a.m. on the day following the last day for filing of a petition and proceed to recount the ballots in the wards or municipalities specified and to review the allegations of fact contained in the petition or petitions. If s. 6.22 (5m) (dm) applies, the board of canvassers shall not proceed with the recount until 9 a.m. on the day following the last day for filing of a petition and, if s. 6.22 (5m) (e) applies, shall not proceed with the recount until it complies with s. 6.22 (5m) (f). The recount shall proceed for each ward or municipality as follows:

SB612, s. 154 Section 154. 9.01 (10) of the statutes is amended to read:

SB612,107,4 9.01 (10) Standard forms and methods. The elections board shall prescribe standard forms and procedures for the making of recounts under this section. The procedures prescribed by the elections board shall require the boards of canvassers in recounts involving more than one board of canvassers to consult with the elections board staff prior to beginning any recount in order to ensure that uniform procedures are used, to the extent practicable, in such recounts.

SB612, s. 155 Section 155. 9.10 (2) (b) of the statutes is amended to read:

SB612,107,10 9.10 (2) (b) A recall petition for requesting the recall of a city, village, town or school district office officer shall contain a statement of a reason for the recall which is related to the official responsibilities of the official for whom removal is sought each cause for the recall and the grounds that constitute each cause. In this paragraph, "cause" means official misconduct or malfeasance in office.

SB612, s. 156 Section 156. 9.10 (2) (d) of the statutes is amended to read:

SB612,108,2 9.10 (2) (d) No petition may be offered for filing for the recall of an officer unless the petitioner first files a registration statement under s. 11.05 (1) or (2) with the filing officer with whom the petition is filed. The petitioner shall append to the registration a statement indicating his or her intent to circulate a recall petition, the name of the officer for whom recall is sought and, in the case of a petition for the recall of a city, village, town or school district officer, a statement of a reason for the recall which is related to the official responsibilities of the official for whom removal is sought each cause, as defined in par. (b), for the recall and the grounds that constitute each cause. No petitioner may circulate a petition for the recall of an officer prior to completing registration. The last date that a petition for the recall of a state, congressional, legislative, judicial or county officer may be offered for filing is 5 p.m. on the 60th day commencing after registration. The last date that a petition for the recall of a city, village, town or school district officer may be offered for filing is 5 p.m. on the 30th day commencing after registration. After the recall petition has been offered for filing, no name may be added or removed. No signature may be counted unless the date of the signature is within the period provided in this paragraph.

SB612, s. 157 Section 157. 9.10 (2) (em) 2. of the statutes is amended to read:

SB612,108,5 9.10 (2) (em) 2. The residency of the circulator cannot be determined by the information given on the petition is not a qualified circulator.

SB612, s. 158 Section 158. 9.10 (4) (a) of the statutes is amended to read:

SB612,109,6 9.10 (4) (a) Within 10 days after a petition for the recall of a city, village, town, or school district official, officer is offered for filing, the officer against whom the petition is filed may file a written challenge with the municipal clerk or board of election commissioners or school district clerk with whom it is filed, specifying any alleged insufficiency. If a challenge is filed, the petitioner may file a written rebuttal to the challenge with the clerk or board of election commissioners within 5 days after the challenge is filed. If a rebuttal is filed, the officer against whom the petition is filed may file a reply to any new matter raised in the rebuttal within 2 days after the rebuttal is filed. Within 14 days after the expiration of the time allowed for filing a reply to a rebuttal, the clerk or board of election commissioners shall file the certificate or an amended certificate. Within 31 days after the petition is offered for filing, the clerk or board of election commissioners shall determine by careful examination of the face of the petition whether the petition is sufficient and shall so state in a certificate attached to the petition. If the petition is found to be insufficient, the certificate shall state the particulars creating the insufficiency. The petition may be amended to correct any insufficiency within 5 days following the affixing of the original certificate. Within 2 days after the offering of the amended petition for filing, the clerk or board of election commissioners shall again carefully examine the face of the petition to determine sufficiency and shall attach to the petition a certificate stating the findings. Immediately upon finding an original or amended petition sufficient, except in cities over 500,000 population, the municipal clerk or school district clerk shall transmit the petition to the governing body or to the school board. Immediately upon finding an original or amended petition sufficient, in cities over 500,000 population, the board of election commissioners shall file the petition in its office.

SB612, s. 159 Section 159. 10.01 (2) (e) of the statutes is amended to read:

SB612,109,24 10.01 (2) (e) Type E—The type E notice shall state the qualifications for absentee voting, the procedures for obtaining an absentee ballot in the case of registered and unregistered voters, and the places and the deadlines for application and return of application, including any alternate site under s. 6.855, and the office hours during which an elector may cast an absentee ballot in the municipal clerk's office or at an alternate site under s. 6.855. The municipal clerk shall publish a type E notice on the 4th Tuesday preceding each spring primary and election, on the 4th Tuesday preceding each September primary and general election, on the 4th Tuesday preceding the primary for each special national, state, county or municipal election if any, on the 4th Tuesday preceding a special county or municipal referendum, and on the 3rd Tuesday preceding each special national, state, county or municipal election to fill an office which is not held concurrently with the spring or general election. The clerk of each special purpose district which calls a special election shall publish a type E notice on the 4th Tuesday preceding the primary for the special election, if any, on the 4th Tuesday preceding a special referendum, and on the 3rd Tuesday preceding a special election for an office which is not held concurrently with the spring or general election except as authorized in s. 8.55 (3).

SB612, s. 160 Section 160. 10.02 (3) (a) of the statutes is amended to read:

SB612,110,12 10.02 (3) (a) Upon entering the polling place and before being permitted to vote, an elector shall state his or her name and address and provide identification if required by federal law. If an elector is not registered to vote, an elector may register to vote at the polling place serving his or her residence if the elector provides proof of residence or the elector's registration is verified by another elector of the same municipality where the elector resides. Where ballots are distributed to electors, the initials of 2 inspectors must appear on the ballot. Upon being permitted to vote, the elector shall retire alone to a voting booth or machine and cast his or her ballot, except that an elector who is a parent or guardian may be accompanied by the elector's minor child or minor ward. An election official may inform the elector of the proper manner for casting a vote, but the official may not in any manner advise or indicate a particular voting choice.

SB612, s. 161 Section 161. 12.03 (title) and (1) of the statutes are amended to read:

SB612,110,18 12.03 (title) Election day campaigning Campaigning restricted. (1) No election official may engage in electioneering on election day. No municipal clerk or employee of the clerk may engage in electioneering in the clerk's office or at the alternate site under s. 6.855 during the hours that ballots may be cast at those locations.

SB612, s. 162 Section 162. 12.03 (2) of the statutes is repealed and recreated to read:

SB612,110,21 12.03 (2) (a) 1. No person may engage in electioneering during polling hours on election day at a polling place.

SB612,110,23 2. No person may engage in electioneering in the municipal clerk's office or at an alternate site under s. 6.855 during the hours that absentee ballots may be cast.

SB612,111,3 (b) 1. No person may engage in electioneering during polling hours on any public property on election day within 100 feet of an entrance to a building containing a polling place.

SB612,111,6 2. No person may engage in electioneering during the hours that absentee ballots may be cast on any public property within 100 feet of an entrance to a building containing the municipal clerk's office or an alternate site under s. 6.855.

SB612,111,9 3. No person may engage in electioneering within 100 feet of an entrance to or within a nursing home or qualified retirement home or community-based residential facility while special voting deputies are present at the home or facility.

SB612,111,12 (d) This subsection does not apply to the placement of any material on the bumper of a motor vehicle that is parked or operated at a place and time where electioneering is prohibited under this subsection.

SB612, s. 163 Section 163 . 12.035 of the statutes is created to read:

SB612,111,18 12.035 Posting and distribution of election-related material. (1) In this section, "election-related material" means any written matter which describes, or purports to describe, the rights or responsibilities of individuals voting or registering to vote at a polling place or voting an absentee ballot at the office of the municipal clerk or an alternate site under s. 6.855.

SB612,112,2 (2) The legislature finds that posting or distributing election-related material at the polling place, at locations where absentee ballots may be cast, or near the entrance to such locations when voting is taking place may mislead and confuse electors about their rights and responsibilities regarding the exercise of the franchise and tends to disrupt the flow of voting activities at such locations. The legislature finds that the restrictions imposed by this section on the posting or distribution of election-related material are necessary to protect the compelling governmental interest in orderly and fair elections.

SB612,112,4 (3) (a) No person may post or distribute any election-related material during polling hours on election day at a polling place.

SB612,112,7 (b) No person may post or distribute any election-related material during polling hours on any public property on election day within 100 feet of an entrance to a building containing a polling place.

SB612,112,10 (c) No person may post or distribute any election-related material at the office of the municipal clerk or at an alternate site under s. 6.855 during hours that absentee ballots may be cast.

SB612,112,14 (d) No person may post or distribute election-related material during the hours that absentee ballots may be cast on any public property within 100 feet of an entrance to a building containing the office of the municipal clerk or an alternate site under s. 6.855.

SB612,112,15 (4) Subsection (3) does not apply to any of the following:

SB612,112,17 (a) The posting or distribution of election-related material posted or distributed by the municipal clerk or other election officials.

SB612,112,19 (b) The placement of any material on the bumper of a motor vehicle located on public property.

SB612,112,22 (5) A municipal clerk, election inspector, or law enforcement officer may remove election-related material posted in violation of sub. (3) and may confiscate election-related material distributed in violation of sub. (3).

SB612, s. 164 Section 164. 12.04 (2) of the statutes is amended to read:

SB612,113,3 12.04 (2) Except as provided in s. ss. 12.03 or 12.035 or as restricted under sub. (4), any individual may place a sign containing a political message upon residential property owned or occupied by that individual during an election campaign period.

SB612, s. 165 Section 165. 12.07 (2) of the statutes is amended to read:

SB612,113,7 12.07 (2) No employer may refuse to allow an employee to serve as an election official under s. 7.30 or make any threats or offer any inducements of any kind to the employee for the purpose of preventing the employee from so serving.

SB612, s. 166 Section 166. 12.09 of the statutes is repealed and recreated to read:

SB612,113,11 12.09 Election threats. (1) No person may personally or through an agent make use of or threaten to make use of force, violence, or restraint in order to induce or compel any person to vote or refrain from voting at an election.

SB612,113,14 (2) No person may personally or through an agent, by abduction, duress, or any fraudulent device or contrivance, impede or prevent the free exercise of the franchise at an election.

SB612,113,17 (3) No person may personally or through an agent, by any act compel, induce, or prevail upon an elector either to vote or refrain from voting at any election for or against a particular candidate or referendum.

SB612, s. 167 Section 167. 12.13 (3) (ze) of the statutes is created to read:

SB612,113,21 12.13 (3) (ze) Compensate a person who obtains voter registration forms from other persons at a rate that varies in relation to the number of voter registrations obtained by the person.

SB612, s. 168 Section 168 . 12.13 (4) of the statutes is repealed.

SB612, s. 169 Section 169. 12.60 (1) (b) of the statutes is amended to read:

SB612,114,3 12.60 (1) (b) Whoever violates s. 12.03, 12.05, 12.07, 12.08 or 12.13 (2) (b) 8., (3) (b), (c), (d), (g), (i), (n) to (x), (ze), (zm) or (zn) may be fined not more than $1,000, or imprisoned not more than 6 months or both.

SB612, s. 170 Section 170 . 12.60 (1) (c) of the statutes is amended to read:

SB612,114,6 12.60 (1) (c) Whoever violates s. 12.13 (3) (am) or (4) may be required to forfeit not more than $500.

SB612, s. 171 Section 171 . 12.60 (1) (d) of the statutes is amended to read:

SB612,114,9 12.60 (1) (d) Whoever violates s. 12.035 or 12.13 (3) (h) may be required to forfeit not more than $100.

SB612, s. 172 Section 172. 17.29 of the statutes is amended to read:

SB612,114,17 17.29 Effect of chapter. The provisions of this chapter supersede all contrary provisions in either the general law or in special acts, except ch. 7 ss. 6.26 (2) (b), 6.28 (2) (b), 6.55 (6), 6.875, and 7.30 relating to appointed election officers appointed for the election wards or polling places in the state officials and ch. 21 relating to the military staff of the governor and to officers of the Wisconsin national guard; and shall govern all offices whether created by general law or special act, unless otherwise specially provided.

SB612, s. 173 Section 173. 301.03 (3a) of the statutes is created to read:

SB612,114,20 301.03 (3a) Subject to all of the following, design a form to provide notice under ss. 302.117, 973.09 (4m), and 973.176 (2) of ineligibility to vote under s. 6.03 (1) (b):

SB612,114,22 (a) The form shall inform the person who is ineligible to vote that he or she may not vote in any election until his or her civil rights are restored.

SB612,114,24 (b) The form shall inform the person who is ineligible to vote when his or her civil rights are expected to be restored.

SB612,115,3 (c) The form shall include a place for the person to sign indicating that he or she understands that he or she may not vote in any election until his or her civil rights are restored. The form shall include a place also for a witness signature.

SB612,115,5 (d) The department shall retain the form, and a copy shall be given to the person.

SB612, s. 174 Section 174. 301.03 (20) of the statutes is created to read:

SB612,115,11 301.03 (20) Transmit to the elections board, on a continuous basis, a list containing the name of each living person who has been convicted of a felony under the laws of this state and whose civil rights have not been restored, together with his or her residential address and the date on which the department expects his or her civil rights to be restored.

SB612, s. 175 Section 175. 302.117 of the statutes is amended to read:

SB612,115,18 302.117 Notice regarding ineligibility to vote. When an inmate who is disqualified from voting under s. 6.03 (1) (b) is released to parole or extended supervision, the department shall inform the person in writing that he or she may not vote in any election until his or her civil rights are restored. The department shall use the form designed under s. 301.03 (3a) to inform the person, and the person and a witness shall sign the form.

SB612, s. 176 Section 176. 343.11 (2m) of the statutes is created to read:

SB612,115,23 343.11 (2m) Within 30 days following surrender of a license under sub. (1), the department shall provide notice to the elections board of the person's name and address, the name of the jurisdiction issuing the surrendered license, and the date on which the license was surrendered.

SB612, s. 177 Section 177. 880.33 (9) of the statutes is amended to read:

SB612,116,13 880.33 (9) All the rights and privileges afforded a proposed incompetent under this section shall be given to any person who is alleged to be ineligible to register to vote or to vote in an election by reason that such person is incapable of understanding the objective of the elective process. The determination of the court shall be limited to a finding that the elector is either eligible or ineligible to register to vote or to vote in an election by reason that the person is or is not capable of understanding the objective of the elective process. The determination of the court shall be communicated in writing by the clerk of court to the election official or agency charged under s. 6.48, 6.92, 6.925 or, 6.93, or 7.52 (5) with the responsibility for determining challenges to registration and voting which may be directed against that elector. The determination may be reviewed as provided in s. 880.34 (4) and (5) and any subsequent determination of the court shall be likewise communicated by the clerk of court.

SB612, s. 178 Section 178. 973.09 (4m) of the statutes is amended to read:

SB612,116,19 973.09 (4m) The department shall inform each probationer who is disqualified from voting under s. 6.03 (1) (b) that he or she may not vote in any election until his or her civil rights are restored. The department shall use the form designed under s. 301.03 (3a) to inform the probationer, and the probationer and a witness shall sign the form.

SB612, s. 179 Section 179. 973.176 (2) of the statutes is amended to read:

SB612,117,2 973.176 (2) Voting. Whenever a court imposes a sentence or places a defendant on probation for a conviction that disqualifies the defendant from voting under s. 6.03 (1) (b), the court shall inform the defendant in writing that he or she may not vote in any election until his or her civil rights are restored. The court shall use the form designed by the department of corrections under s. 301.03 (3a) to inform the defendant, and the defendant and a witness shall sign the form.

SB612, s. 180 Section 180. Nonstatutory provisions.

SB612,117,11 (1) Election-related contingency planning. The elections board shall prepare a report and recommendations with regard to state and local election-related contingency planning efforts and preparedness regarding natural disasters or terrorist activities that may occur at or near election time. No later than the first day of the 7th month beginning after publication of this act, the elections board shall submit the report and recommendations to the chief clerk of each house of the legislature for distribution to the appropriate standing committees of the legislature in the manner provided under section 13.172 (3) of the statutes.

SB612,117,20 (2) Audits of local election practices. The elections board shall prepare recommendations with regard to random post-election audits of local election practices to be conducted in the fall of odd-numbered years. The recommendations shall include recommendations on how election practices in a given municipality may be reviewed by election officials of other, similar-sized municipalities and how the state will fund such audits. No later than December 31, 2006, the elections board shall submit the recommendations to the chief clerk of each house of the legislature for distribution to the appropriate standing committees of the legislature in the manner provided under s. 13.172 (3) of the statutes.

SB612,117,21 (3) Polling place observation rules.

SB612,117,25 (a) The elections board shall submit in proposed form the rules required under section 7.41 (5) of the statutes, as created by this act, to the legislative council staff under section 227.15 (1) of the statutes no later than the 60th day beginning after publication of this act.

SB612,118,9 (b) Using the procedure under section 227.24 of the statutes, the elections board may promulgate rules required under s. 7.41 (5) of the statutes, as created by this act, for the period before the effective date of the rules submitted under paragraph (a), but not to exceed the period authorized under section 227.24 (1) (c) and (2) of the statutes. Notwithstanding section 227.24 (1) (a), (2) (b), and (3) of the statutes, the board is not required to provide evidence that promulgating a rule under this paragraph as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this paragraph.

SB612,118,18 (4) Fees for copies of registration list. The elections board may promulgate emergency rules under section 227.24 of the statutes implementing section 6.36 (6) of the statutes, as created by this act. Notwithstanding section 227.24 (1) (c) and (2) of the statutes, emergency rules promulgated under this subsection remain in effect until the date on which permanent rules take effect. Notwithstanding section 227.24 (1) (a) and (3) of the statutes, the elections board is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection.

SB612,118,22 (5) Election officials; interim terms. Notwithstanding section 7.30 (6) (a) of the statutes, as affected by this act, the persons who are appointed as election officials under section 7.30 (4) of the statutes in 2006 shall serve for terms of one year and until their successors are appointed and qualified.

SB612,119,3 (6) Distribution of forms to convicted felons. No later than the first day of the 6th month beginning after the effective date of this subsection, the department of corrections shall distribute, and have signed in front of a witness, a copy of the form designed under section 301.03 (3a) of the statutes, as created by this act, to each person who is on probation, parole, or extended supervision on that date and who is disqualified from voting in any election under section 6.03 (1) (b) of the statutes.

SB612, s. 181 Section 181 . Initial applicability.

SB612,119,7 (1) Notice of school district referenda. The treatment of section 8.37 of the statutes first applies to a measure or question that becomes subject to a filing requirement under section 8.37 of the statutes on the effective date of this subsection.

SB612,119,10 (2) Recounts. The renumbering and amendment of section 5.90 of the statutes and the creation of section 5.90 (2) and (3) of the statutes by this act first apply to recount petitions filed on the effective date of this subsection.