SB640: Bill Text

SB640, s. 112 Section 112. 7.52 (6) (b) of the statutes is renumbered 7.52 (5) (b) and amended to read:

SB640,63,22 7.52 (5) (b) Any elector may challenge for cause any absentee ballot. For the purpose of deciding upon ballots that are challenged for any reason, the board of absentee ballot canvassers may call before it any person whose absentee ballot is challenged if the person is available to be called. If the person challenged refuses to answer fully any relevant questions put to him or her by the board of absentee ballot canvassers under s. 6.92, the board of absentee ballot canvassers shall reject the person's vote. If the challenge is not withdrawn after the person offering to vote has answered the questions, one of the members of the board of absentee ballot canvassers shall administer to the person the following oath or affirmation: "You do solemnly swear (or affirm) that: you are 18 years of age; you are a citizen of the United States; you are now and for 10 days have been a resident of this ward except under s. 6.02 (2), stats.; you have not voted at this election; you have not made any bet or wager or become directly or indirectly interested in any bet or wager depending upon the result of this election; you are not on any other ground disqualified to vote at this election." If the person challenged refuses to take the oath or affirmation, the person's vote shall be rejected. If the person challenged answers fully all relevant questions put to the elector by the board of absentee ballot canvassers under s. 6.92, takes the oath or affirmation, and fulfills the applicable registration requirements, and if the answers to the questions given by the person indicate that the person meets the voting qualification requirements, the person's vote shall be received.

SB640, s. 113 Section 113. 9.01 (1) (b) 2. of the statutes is amended to read:

SB640,64,6 9.01 (1) (b) 2. The board of canvassers shall then examine the absentee ballot envelopes. Any defective absentee ballot envelopes shall be laid aside, properly marked and carefully preserved. The number of voters shall be reduced by the number of ballot envelopes set aside under this subdivision. An absentee ballot envelope is defective only if it is not witnessed or, if a witness is required for the voter casting the ballot, if it is not signed by the voter, or if the certificate accompanying an absentee ballot that the voter received by facsimile transmission or electronic mail is missing.

SB640, s. 114 Section 114. 10.01 (2) (e) of the statutes is amended to read:

SB640,65,2 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, the places and the deadlines for application and return of application where electors may cast absentee ballots in person, including any alternate site or sites designated under s. 6.855, the deadlines for making application and for return of absentee ballots, and the office hours during which an elector may cast an absentee ballot in the municipal clerk's office or at an each 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).

SB640, s. 115 Section 115. 12.09 (1) and (3) of the statutes are amended to read:

SB640,65,7 12.09 (1) No person may personally or through an agent make use of or threaten to make use of force, violence, or restraint , or any tactic of coercion or intimidation in order to induce or compel any person to vote or refrain from voting or to refrain from registering to vote at an election.

SB640,65,11 (3) No person may personally or through an agent, by any use or threaten to use force or violence or by use or threat of any act of coercion or intimidation compel, induce, or prevail upon an elector either to vote or refrain from voting at any election for or against a particular candidate or question at a referendum.

SB640, s. 116 Section 116. 12.13 (1) (b) of the statutes is amended to read:

SB640,65,15 12.13 (1) (b) Falsely procures registration, confirms inaccurate registration information, or makes false statements to the municipal clerk, board of election commissioners or any other election official whether or not under oath.

SB640, s. 117 Section 117. 12.13 (1) (c) of the statutes is amended to read:

SB640,65,18 12.13 (1) (c) Registers as an elector in more than one place for the same election or confirms 2 or more simultaneous registrations to vote in the same election.

SB640, s. 118 Section 118. 12.13 (1) (d) of the statutes is amended to read:

SB640,65,22 12.13 (1) (d) Impersonates a registered elector or a person whose unconfirmed registration appears on the registration list or poses as another person for the purpose of voting at an election.

SB640, s. 119 Section 119. 12.13 (2) (b) 3. of the statutes is amended to read:

SB640,66,3 12.13 (2) (b) 3. Permit registration, confirmation of registration or receipt of a vote from a person who the official knows is not a legally qualified elector or who has refused after being challenged to make the oath or to properly answer the necessary questions pertaining to the requisite requirements and residence; or put into the ballot box a ballot other than the official's own or other one lawfully received.

SB640, s. 120 Section 120. 12.17 of the statutes is created to read:

SB640,66,6 12.17 Deceptive election practices. (1) In this section, "election-related information" means information concerning any of the following:

SB640,66,7 (a) The date, time, place, or manner of conducting an election.

SB640,66,10 (b) The qualifications for or restrictions on the eligibility of electors voting at an election, including any criminal penalties associated with voting in an election or a voter's registration status or eligibility.

SB640,66,11 (c) The explicit endorsement by any person of a candidate at an election.

SB640,66,14 (2) No person, whether acting under color of law or otherwise, may intentionally induce another person to refrain from registering or voting at an election by knowingly providing that person with false election-related information.

SB640,66,17 (3) Any person who is aggrieved by an alleged violation of sub. (2) may bring an action for injunctive relief in circuit court for the county where the violation is alleged to occur.

SB640,66,20 (4) Any person may file a verified complaint with the board alleging facts that the person believes to constitute a violation of sub. (2). The complaint shall be filed under s. 5.05 (2m) (c).

SB640,67,4 (5) Notwithstanding s. 5.05 (2m) (c), the board shall promptly review each complaint received under sub. (4), and if the board finds that the facts alleged in the complaint, if true, would constitute a violation of sub. (2), the board shall promptly investigate the complaint. Notwithstanding s. 5.05 (2m) (c) 11., if the board finds that a violation of sub. (2) has occurred or is occurring, the board shall take all measures necessary to provide correct information to electors who may have been deceived by the actions of the alleged violator, and shall refer the matter to the appropriate authority for prosecution in accordance with ss. 5.05 (2m) (i) and 12.60 (4).

SB640,67,18 (6) (a) No later than 90 days after each each general election, the board shall report to the chief clerk of each house of the legislature for referral to the appropriate standing committees under s. 13.172 (2) concerning any complaints under sub. (4) that were acted upon or referred by the board under sub. (5) during the period beginning with the date of the 2nd preceding general election and ending with the preceding general election. Except as provided in par. (b), the report shall include a description of the alleged deceptive election practices that were the subject of each complaint, any corrective measures taken by the board with regard to the subject matter of the complaint, the board's evaluation of the effectiveness of those corrective measures, the status of any prosecution relating to the subject matter of the complaint, a compilation of the number and types of allegations made that were acted upon or referred by the board under sub. (5), the locations and segments of the population that were affected by the alleged deceptive election practices, and the status of any investigations conducted by the board under sub. (5).

SB640,67,20 (b) The board may exclude from the report under par. (a) any information that, if disclosed, would interfere with a pending investigation of a violation of the law.

SB640,67,22 (c) The board shall post a copy of each report submitted under this subsection on the Internet.

SB640, s. 121 Section 121. 12.19 of the statutes is created to read:

SB640,68,3 12.19 Voter suppression. No person may knowingly attempt to prevent or deter another person from voting or registering to vote based upon fraudulent, deceptive, or spurious grounds or information. A violation of this section includes:

SB640,68,5 (1) Challenging another person's right to register or vote at an election based upon information the person knows is false.

SB640,68,7 (2) Attempting to induce another person to refrain from registering or voting by providing that person with information the person knows is false.

SB640, s. 122 Section 122. 12.60 (1) (a) of the statutes is amended to read:

SB640,68,10 12.60 (1) (a) Whoever violates s. 12.09, 12.11 or 12.13 (1), (2) (b) 1. to 7. or (3) (a), (e), (f), (j), (k), (L), (m), (y) or (z) is guilty of a Class I felony.

SB640, s. 123 Section 123. 12.60 (1) (am) of the statutes is created to read:

SB640,68,13 12.60 (1) (am) Whoever violates s. 12.17 (2) with the intent to prevent any person from exercising the right to vote in an election is guilty of a Class D felony.

SB640, s. 124 Section 124. 12.60 (1) (an) of the statutes is created to read:

SB640,68,15 12.60 (1) (an) Whoever violates s. 12.09 is guilty of a Class D felony.

SB640, s. 125 Section 125. 12.60 (1) (ap) of the statutes is created to read:

SB640,68,17 12.60 (1) (ap) Whoever violates s. 12.19 is guilty of a Class E felony.

SB640, s. 126 Section 126. 12.60 (1) (bn) of the statutes is created to read:

SB640,68,25 12.60 (1) (bn) If a municipal clerk or executive director of a board of election commissioners fails to ensure compliance with s. 5.25 (4) (b) or to post the materials specified in s. 5.35 (6) (a) at each polling place located in the municipality served by the clerk or executive director at any election, except as authorized in s. 5.35 (6) (d), or the executive director of the government accountability board fails to include any of the materials specified in s. 7.08 (3) in the election manual, the violator may be required to forfeit not more than $500 for each violation.

SB640, s. 127 Section 127. 12.60 (4) of the statutes is amended to read:

SB640,69,4 12.60 (4) Prosecutions of civil offenses under this chapter shall be conducted in the manner prescribed in s. 11.60 (4). Prosecutions of criminal offenses under this chapter shall be conducted in accordance with the manner prescribed in s. 11.61 (2).

SB640, s. 128 Section 128. 19.685 of the statutes is created to read:

SB640,69,9 19.685 Access to information provided by Government Accountability Board. No state authority and no officer or employee thereof may provide access to information in any record of the authority that was obtained by the authority from the government accountability board under s. 6.36 (1) (bm).

SB640, s. 129 Section 129. 85.61 (1) of the statutes is amended to read:

SB640,69,23 85.61 (1) The secretary of transportation and the administrator of the elections division of the government accountability board shall enter into an agreement to match personally identifiable information on the official registration list maintained by the government accountability board under s. 6.36 (1), the information specified in s. 6.34 (2n), and other information specified in s. 6.256 (2) with personally identifiable information in the operating record file database under ch. 343 and vehicle registration records under ch. 341, notwithstanding ss. 110.09 (2), 342.06 (1) (eg), and 343.14 (2j), to the extent required to enable the secretary of transportation and the administrator of the elections division of the government accountability board to verify the accuracy of the information provided for the purpose of voter registration. Notwithstanding ss. 110.09 (2), 342.06 (1) (eg), and 343.14 (2j), the agreement shall provide for the transfer of electronic information under s. 6.256 (2) to the board on a continuous basis, no less often than monthly.

SB640, s. 130 Section 130. 939.50 (3) (d) of the statutes is amended to read:

SB640,70,4 939.50 (3) (d) For a Class D felony, a fine not to exceed $100,000 or imprisonment not to exceed 25 years, or both, except that for a violation of s. 12.09, the term of imprisonment may not exceed 3 years and for a violation of s. 12.17, the term of imprisonment may not exceed 5 years.

SB640, s. 131 Section 131. 939.50 (3) (e) of the statutes is amended to read:

SB640,70,8 939.50 (3) (e) For a Class E felony, a fine not to exceed $50,000 or imprisonment not to exceed 15 years, or both, except that for a violation of s. 12.19, the term of imprisonment may not exceed 2 years.

SB640, s. 132 Section 132 . Nonstatutory provisions.

SB640,70,19 (1) Study of options for corrective action. The government accountability board, in consultation with the department of justice and the federal election assistance commission, shall study the feasibility of providing corrective information that may be required under section 12.17 (5) of the statutes, as created by this act, through public service announcements, other uses of broadcast media, or an emergency alert system. No later than the first day of the 7th month beginning after the effective date of this subsection, the board shall report its findings and recommendations to the chief clerk of each house of the legislature, in the manner provided under section 13.172 (2) of the statutes, for referral to the appropriate standing committees of each house.

SB640,70,20 (2) Hardship waiver request; study of absentee voting timeline.

SB640,71,5 (a) Prior to the 2010 September primary, the legal counsel to the Government Accountability Board shall apply on behalf of this state to the presidential designee under 42 USC 1973ff-1 (g) for a determination that this state is unable to meet the requirement under 42 USC 1973ff-1 (a) (8) with respect to transmittal of absentee ballots to military and overseas electors at the 2010 September primary and general election. The application shall include a description of this state's efforts to enable delivery of absentee ballots to military and overseas electors as expeditiously as possible. If the waiver is not granted, the legal counsel shall promptly report the response of the designee to the appropriate standing committees of the legislature in the manner prescribed in section 13.172 (3) of the statutes.

SB640,71,10 (b) No later than January 1, 2011, the Government Accountability Board shall report to the appropriate standing committees of the legislature, in the manner prescribed in section 13.172 (3) of the statutes, concerning the timeline used by this state for the absentee voting process and the feasibility of making adjustments to enable compliance with the timeline prescribed in 42 USC 1973ff-1 (a) (8) (A).

SB640,71,17 (3) Initial sharing of registration information. Notwithstanding sections 85.61 (1), 110.09 (2), 342.06 (1) (eg), and 343.14 (2j) of the statutes, as affected by this act, the department of transportation shall enter into and begin transferring information under a revised agreement with the administrator of the elections division of the government accountability board pursuant to section 85.61 (1) of the statutes, as affected by this act, no later than the first day of the 4th month beginning after the effective date of this subsection.

SB640,72,6 (4) Report on voter registration information integration. No later than July 1, 2011, the board shall report to the appropriate standing committees of the legislature, in the manner specified in section 13.172 (3) of the statutes, concerning its progress in initially implementing a system to ensure the complete and continuous registration of all eligible electors in this state, specifically including the operability and utility of information integration with the department of transportation and the desirability and feasibility of integrating public information maintained by other state agencies with the board's registration information to enhance the completeness and accuracy of the information. At a minimum, the report shall contain an assessment of the feasibility and desirability of the integration of registration information with information maintained by the departments of health services, children and families, workforce development, revenue, regulation and licensing, and natural resources and the University of Wisconsin System.

SB640, s. 133 Section 133 . Initial applicability.

SB640,72,10 (1) Except as provided in subsection (2) and except with respect to the requirements in section 7.08 (3) (d) to (g) of the statutes, as created by this act, this act first applies with respect to elections held on the effective date of this subsection.

SB640,72,15 (2) The treatment of sections 6.24 (4) (c), 6.86 (1) (a) 3. (by Section 65) and (b) (by Section 70 ), (2), and (2m), 6.865 (title) (3), and (3m) (a), (b), and (c), 6.875 (3) and (4) (a), 7.08 (1) (c), and 7.15 (1) (j) of the statutes first applies with respect to requests for absentee ballots made for voting at elections held on or after the effective date of this subsection.

SB640, s. 134 Section 134. Effective dates. This act takes effect on the day after publication, except as follows:

SB640,72,21 (1) The treatment of sections 6.24 (4) (c), 6.86 (1) (a) 3. (by Section 65) and (b) (by Section 70 ), (2), and (2m), 6.865 (title), (3), and (3m) (a), (b), and (c), 6.875 (3) and (4) (a), 7.08 (1) (c), and 7.15 (1) (j) of the statutes and Section 133 (2) of this act take effect on the 90th day beginning after publication.

SB640,72,23 (2) The treatment of section 7.08 (3) (d) to (g) of the statutes takes effect on January 1, 2011.

SB640,72,24 (End)