AB39: Bill Text

LRB-0869/1

JTK:cjs:jf

2009 - 2010 LEGISLATURE

2009 Assembly BILL 39

February 12, 2009 - Introduced by Representatives Kessler, Soletski, Pocan, Hubler, Turner, Richards, A. Williams, Hebl, Berceau, Roys, Black, Grigsby, Barca and Pasch, cosponsored by Senators Lehman, Coggs and Plale. Referred to Committee on Elections and Campaign Reform.

AB39,2,2 An Act to renumber and amend 12.03 (1); to amend 5.02 (15), 5.25 (4) (a), 5.37 (2) and (5), 5.40 (5), 5.40 (6), 5.54, 5.78, 5.79, 5.83, 6.10 (3), 6.26 (1), (2) (d) and (3), 6.275 (1) (c), 6.28 (1), 6.29 (1), 6.32 (3), 6.33 (1), 6.34 (2), 6.34 (3) (a) 7., 6.36 (2) (b), 6.36 (5), 6.40 (1) (a) 1., 6.40 (1) (c), 6.45 (1), 6.45 (1m), 6.50 (10), 6.54, 6.55 (2) (d), 6.56 (1), 6.56 (5), 6.77 (1), 6.79 (2) (c), 6.82 (1), 6.82 (2) (a) and (d), 6.82 (3), 6.855 (1), 6.86 (1) (a) 5., 6.86 (1) (ar), 6.87 (3) (a), 6.88 (3) (a), 6.92 (1), 6.95, 7.03 (1) (d), 7.15 (1) (a), 7.15 (1) (c), 7.15 (1) (e), 7.15 (1) (L), 7.22 (5), 7.25 (5) and (6) (a), 7.30 (2) (a), 7.315 (1) (a) and (b) 1., 7.37 (2), 7.41 (1), 7.41 (2), 7.41 (3) (intro.), 7.41 (3) (a), 7.41 (3) (b), 7.41 (4), 7.50 (1) (d), 7.50 (2) (intro.), 7.51 (2) (c), 7.52 (1) (c), 7.52 (3) (a) and (4) (c), 12.03 (3), 12.035 (1), 12.035 (3) (c) and (d), 12.035 (5), 12.13 (3) (k), 12.13 (3) (r), 12.13 (3) (x) and 17.29; to repeal and recreate 6.28 (title); and to create 6.285, 6.36 (2) (d), 6.873, 12.03 (1m) and 12.03 (2m) of the statutes; relating to: authorization for municipalities to establish satellite stations for purposes of conducting voter registration and absentee voting and granting rule-making authority.

Analysis by the Legislative Reference Bureau

Currently, unless an elector votes by absentee ballot, the elector must appear at the polling place serving his or her residence to vote. Polling places are staffed by inspectors who, with limited exceptions, are appointed from nominations submitted by the party committeemen or committeewomen of the two major political parties. If nominations are not submitted, inspectors may be appointed without regard to party affiliation. With limited exceptions, inspectors must be residents of the area served by the polling place where they are employed. Inspectors are public officers who serve for two-year terms and must file an oath of office. Inspectors must be compensated by the municipality where they serve. When an elector votes at a polling place, at least two inspectors must record the elector as a voter, and must either issue and receive the elector's ballot or permit the elector to use a voting machine.

Current law permits any qualified elector who for any reason is unable or unwilling to appear at his or her polling place to vote by absentee ballot. With certain exceptions, the elector must apply for and obtain an absentee ballot from the appropriate municipal clerk or board of election commissioners by 5 p.m. on the day before the election. The elector may cast the absentee ballot either by mail or in person at the office of the municipal clerk or board of election commissioners of the municipality where the elector resides or, by municipal option at a single alternate site. If an elector applies for an absentee ballot in person, the elector casts the absentee ballot at the same time that he or she applies for the ballot. Current law also contains a special procedure that permits certain residents of nursing or retirement homes or community-based residential facilities to apply for and obtain an absentee ballot from two special voting deputies who are appointed by the municipal clerk or board of election commissioners and who personally visit the home or facility. These electors give their absentee ballots directly to the special voting deputies, who then deliver the ballots to the municipal clerk or board of election commissioners. Currently, a qualified elector who is not registered may register to vote at an election by mail or through a special registration deputy no later than the 20th day before the election. A qualified elector may also register at the office of the municipal clerk or board of election commissioners in the municipality where the elector resides no later than the day before the election.

With certain limited exceptions, this bill authorizes the municipal clerk or board of election commissioners of any municipality to designate any location as a temporary, satellite station for absentee voting by electors of the municipality. The location may be inside a building or outdoors and need not be contained in a room separated from other activities. The bill permits any qualified elector of a municipality to obtain and cast an absentee ballot at a satellite station. A satellite station may be open for absentee voting at any time, but only during the period beginning on the date that the official absentee ballots become available for distribution and ending at 5 p.m. on the day before the election.

Under the bill, a satellite station must be staffed by at least one special voting deputy who is appointed on a nonpartisan basis by the municipal clerk or board of election commissioners. The bill permits any qualified elector of the state to be appointed as a special voting deputy. The bill specifies certain minimum qualifications for the special voting deputy. The municipal clerk or board of election commissioners must instruct the special voting deputy in his or her duties. The bill requires all individuals who serve as special voting deputies to meet certain training requirements. The special voting deputy may be compensated at the option of the municipality. The special voting deputy is required to supervise the proceedings at the satellite station to which he or she is assigned and to enforce certain election laws that apply to the satellite station. The special voting deputy is under the supervision of the municipal clerk or board of election commissioners. Under the bill, a special voting deputy is a public officer and must file an oath of office.

The bill also requires the municipal clerk or board of election commissioners to appoint at least one special registration deputy to staff each satellite station. The bill specifies certain minimum qualifications for the special registration deputy and requires all individuals who serve as deputies to meet certain training requirements. The special registration deputy may be compensated at the option of the municipality. The bill permits an elector to register at any satellite station at any time during which the station is open for absentee voting. With certain limited exceptions, the elector must follow the registration procedure that would otherwise apply to the elector under current law.

The bill applies certain provisions of current law relating to the operation of polling places to a satellite station established under the bill. For example, the bill requires a satellite station to meet current standards with regard to the accessibility of polling places and requires the posting of information at a satellite station that is generally the same as the information required to be posted at a polling place. However, whereas current law prohibits electioneering on public property within 100 feet of the entrance to a polling place, this bill generally prohibits electioneering in any building in which a satellite station is located at any time during which the satellite station is open. Also, if a satellite station is located outside of a building, the bill generally prohibits electioneering within 100 feet of the satellite station at any time during which the satellite station is open. The restriction does not apply on private property that is not owned or controlled by the same person as the property where the satellite station is located and does not apply to bumper stickers.

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

AB39, s. 1 Section 1. 5.02 (15) of the statutes is amended to read:

AB39,4,6 5.02 (15) "Polling place" means the actual location wherein the elector's vote is cast. "Polling place" does not include the office of a municipal clerk or board of election commissioners, an alternate absentee ballot site under s. 6.855, a satellite absentee voting station designated under s. 6.873 (1), or a nursing home, qualified retirement home, or qualified community-based residential facility where absentee voting is conducted under s. 6.875 (6).

AB39, s. 2 Section 2. 5.25 (4) (a) of the statutes is amended to read:

AB39,4,14 5.25 (4) (a) Each polling place and each satellite absentee voting station designated under s. 6.873 (1) shall be accessible to all individuals with disabilities. The board shall ensure that the voting system used at each polling place and voting station will permit all individuals with disabilities to vote without the need for assistance and with the same degree of privacy that is accorded to nondisabled electors voting at the same polling place. This paragraph does not apply to any individual who is disqualified from voting under s. 6.03 (1) (a).

AB39, s. 3 Section 3. 5.37 (2) and (5) of the statutes are amended to read:

AB39,4,21 5.37 (2) When 2 or more wards or aldermanic districts are joined to use a voting machine, to facilitate use of an electronic voting system at a common polling place under s. 5.15 (6) (b) or when an electronic voting system is used at a satellite absentee voting station designated under s. 6.873 (1) that serves more than one ward, the machine system shall be constructed to allow the electors to vote for all nominated candidates and issues for their aldermanic district or ward, but for no other.

AB39,4,23 (5) Polling places and satellite absentee voting stations designated under s. 6.873 (1) may have more than one voting machine.

AB39, s. 4 Section 4. 5.40 (5) of the statutes is amended to read:

AB39,5,6 5.40 (5) A municipality which utilizes voting machines an electronic voting system at a polling place or satellite absentee voting station designated under s. 6.873 (1) shall not utilize the machines the system to receive the vote of an elector who declares to the chief inspector or special voting deputy that, due to physical disability, the elector is unable to depress a button or lever on a machine mark the ballot used with the system.

AB39, s. 5 Section 5. 5.40 (6) of the statutes is amended to read:

AB39,5,11 5.40 (6) A municipality which utilizes voting machines or an electronic voting system at a polling place or satellite absentee voting station designated under s. 6.873 (1) may permit use of the machines or system by electors voting under s. 6.15 only as authorized under s. 6.15 (3).

AB39, s. 6 Section 6. 5.54 of the statutes is amended to read:

AB39,5,17 5.54 Notice to electors. Every ballot, except a voting machine ballot, shall bear substantially the following information on the face: "Notice to electors: This ballot may be invalid unless initialed by 2 election inspectors. If cast as an absentee ballot, the ballot must bear the initials of the municipal clerk or, deputy clerk, or special voting deputy."

AB39, s. 7 Section 7. 5.78 of the statutes is amended to read:

AB39,5,22 5.78 Voting booths. At polling places and satellite absentee voting stations designated under s. 6.873 (1) where an electronic voting system employing the use of ballots distributed to electors is used, the municipality shall supply a sufficient number of voting booths for the use of electors as provided in s. 5.35 (2).

AB39, s. 8 Section 8. 5.79 of the statutes is amended to read:

AB39,6,6 5.79 Instruction of electors. At polling places and satellite absentee voting stations designated under s. 6.873 (1) where an electronic voting system employing the use of ballots and voting devices is used, the election officials shall offer each elector instruction in the operation of the voting device and ballot before the elector enters the voting booth. No instructions may be given after the elector has entered the voting booth, except as authorized under s. 6.82 (2). All instructions shall be given by election officials in such a manner that they may be observed by other persons in the polling place.

AB39, s. 9 Section 9. 5.83 of the statutes is amended to read:

AB39,6,15 5.83 Preparation for use of voting devices; comparison of ballots. Where voting devices are used at a polling place or satellite absentee voting station designated under s. 6.873 (1), the municipal clerk shall cause the voting devices to be put in order, set, adjusted and made ready for voting when delivered to the polling place or station. Before the opening of the polls the inspectors shall compare the ballots used in the voting devices with the sample ballots furnished and see that the names, numbers and letters thereon agree and shall certify thereto on forms provided by the board.

AB39, s. 10 Section 10. 6.10 (3) of the statutes is amended to read:

AB39,7,2 6.10 (3) When an elector moves from one ward to another or from one municipality to another within the state after the last registration day but at least 10 days before the election, the elector may vote in and be considered a resident of the new ward or municipality where residing upon transferring registration under s. 6.40 (1) or upon registering under s. 6.29 (2), at the proper polling place or other registration location in the new ward or municipality under s. 6.55 (2) or 6.86 (3) (a) 2., or, in a municipality where a satellite absentee voting station has been designated under 5.687 (1), under s. 6.285 (2) (b). If the elector moves within 10 days of an election, the elector shall vote in the elector's old ward or municipality if otherwise qualified to vote there.

AB39, s. 11 Section 11. 6.26 (1), (2) (d) and (3) of the statutes are amended to read:

AB39,7,6 6.26 (1) The municipal clerk or the board of election commissioners of each municipality shall administer elector registration within the municipality in accordance with the procedures prescribed under sub. (3) this chapter.

AB39,7,8 (2) (d) This subsection does not apply to deputies appointed under s. 6.285 (1) or 6.55 (6).

AB39,7,16 (3) The board shall, by rule, prescribe procedures for appointment of special registration deputies, for revocation of appointments of special registration deputies, and for training of special registration deputies by municipal clerks and boards of election commissioners under this section. The procedures shall be coordinated with training programs for special registration deputies conducted by municipal clerks under s. 7.315 and shall be formulated to promote increased registration of electors consistent with the needs of municipal clerks and boards of election commissioners to efficiently administer the registration process.

AB39, s. 12 Section 12. 6.275 (1) (c) of the statutes is amended to read:

AB39,7,20 6.275 (1) (c) The total number of electors of the municipality residing in that county who registered after the close of registration and prior to the day of the primary or election under ss. 6.29, 6.285, and 6.86 (3) (a) 2.

AB39, s. 13 Section 13. 6.28 (title) of the statutes is repealed and recreated to read:

AB39,7,22 6.28 (title) Open registration.

AB39, s. 14 Section 14. 6.28 (1) of the statutes is amended to read:

AB39,8,18 6.28 (1) Registration locations; deadline. Except as authorized in ss. 6.285, 6.29, 6.55 (2), and 6.86 (3) (a) 2., registration in person for any election shall close at 5 p.m. on the 3rd Wednesday preceding the election. Registrations made by mail under s. 6.30 (4) must be delivered to the office of the municipal clerk or postmarked no later than the 3rd Wednesday preceding the election. All applications for registration corrections and additions may be made throughout the year at the office of the city board of election commissioners, at the office of the municipal clerk, at the office of the county clerk, or at other locations permitted under s. 6.285 or provided by the board of election commissioners or the common council in cities over 500,000 population or by either or both the municipal clerk, or the common council, village or town board in all other municipalities and may also be made during the school year at any high school by qualified persons under sub. (2) (a). Other registration locations may include but are not limited to fire houses, police stations, public libraries, institutions of higher education, supermarkets, community centers, plants and factories, banks, savings and loan associations and savings banks. Special registration deputies shall be appointed for each location unless the location can be sufficiently staffed by the board of election commissioners or the municipal clerk or his or her deputies. An elector who wishes to obtain a confidential listing under s. 6.47 (2) shall register at the office of the municipal clerk of the municipality where the elector resides.

AB39, s. 15 Section 15. 6.285 of the statutes is created to read:

AB39,9,7 6.285 Registration at satellite absentee voting stations. (1) Special registration deputy. Every municipal clerk or board of election commissioners that designates a satellite absentee voting station under s. 6.873 (1) shall appoint at least one qualified elector of this state as a special registration deputy for the satellite location. The special registration deputy shall be able to read and write the English language, be capable, and be of good understanding, and may not be a candidate for any office to be voted for at an election at which he or she serves. The municipal clerk or board of election commissioners shall instruct the special registration deputy in the deputy's duties and responsibilities. The municipal clerk or board of election commissioners shall ensure that any individual who serves as a special registration deputy meets training requirements prescribed in rules promulgated by the board under s. 7.315. The municipal clerk or board of election commissioners may revoke the deputy's appointment at any time.

AB39,9,25 (2) Registration procedure. (a) Generally. Except as provided under par. (c), any qualified elector of a municipality whose name does not appear on the registration list may register in person at any satellite absentee voting station designated by the municipal clerk or board of election commissioners under s. 6.873 (1) at any time during which absentee ballots may be cast at the station. A qualified elector of a municipality who has changed his or her residence may also transfer his or her registration at a satellite absentee voting station located in the municipality as provided in s. 6.40 (1) (a) 1. The municipal clerk or board of election commissioners shall provide a current copy of the list of persons obtained from the department of corrections under s. 301.03 (20m) who are ineligible to vote at the forthcoming election to each special registration deputy at a satellite absentee voting station. Prior to permitting an elector to register to vote under this subsection, the special registration deputy shall review the list. If the name of an elector who wishes to register to vote appears on the list, the special registration deputy shall inform the elector that the elector is ineligible to register to vote. If the elector maintains that he or she is eligible to vote in the election, the special registration deputy shall permit the elector to register to vote but shall mark the elector's registration form as "ineligible to vote per Department of Corrections."

AB39,10,13 (b) During late registration. 1. `Proof of residence.' Any elector who makes a registration application under par. (a) after the close of registration under s. 6.28 (1) shall provide proof of residence under s. 6.34. The special registration deputy shall then enter the name and address of the elector and the type of identifying document provided on a separate list. If the elector is unable to provide proof of residence under s. 6.34, the information contained in the elector's registration form shall be corroborated in a separate statement signed by another elector of the municipality which contains the current street address of the corroborating elector. The corroborating elector shall then provide acceptable proof of residence under s. 6.34. The statement shall be signed by the corroborating elector in the presence of the special registration deputy. The special registration deputy shall enter on a separate list the name and address of the registering elector together with the name and address of the collaborating elector.